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RUBY v. OHIO CASUALTY INS. CO.

37 Wis.2d 352 (1967)

RUBY and others, Appellants, v. OHIO CASUALTY INSURANCE COMPANY and others, Respondents.

Supreme Court of Wisconsin.

December 22, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Riggins & McDonnell and William J. Riggins, all of Milwaukee, and oral argument by William J. Riggins.

For the respondents there was a brief by Giffin, Simarski, Goodrich & Brennan, attorneys, and E. J. Simarski of counsel, all of Milwaukee, and oral argument by E. J. Simarski.

WILKIE, J.

The general issue on this appeal is whether the defendant auto dealer and its insurer are entitled to summary judgment. Two subordinate questions are presented:

First, is an issue of fact raised as to whether a principal-agent relationship existed between Hendricks Motors and Ruby at the time of the accident?

Although summary judgment is a drastic remedy1 we have held that on summary judgment:

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