DAVIS v. COMITO

No. 55177.

204 N.W.2d 607 (1973)

John F. DAVIS, Appellee, v. William J. COMITO, Appellant.

Supreme Court of Iowa.

February 21, 1973.


Attorney(s) appearing for the Case

Scalise, Scism, Gentry, Brick & Brick, Des Moines, for appellant.

William D. Baker, Des Moines, for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, REES and HARRIS, JJ.


MASON, Justice.

This appeal by defendant, William J. Comito, stems from a summary judgment for John F. Davis, plaintiff, in a law action seeking judgment on Comito's promissory note executed September 10, 1964 and delivered to plaintiff December 11. It presents the question whether there was a genuine issue as to any material fact generated by the record before the trial court thus precluding it from finding Davis was entitled to judgment as a matter of law.

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