Auto Lease Company v. Central Mutual Insurance Co.

CROCKETT, Justice.

Auto Lease Company, a partnership, sued on an insurance policy to recover for damage to an automobile it had purchased while it was being transported from Chicago to Salt Lake City. Defendant moved for summary judgment. Upon the basis of the pleadings, documentary evidence, and the deposition of C. R. Jacobs, one of plaintiff partners, the trial court ruled as • a matter of law that the automobile was-, not covered by the policy and dismissed the action.

The motion for summary judgment is in effect a demurrer to the contentions of the adverse party, saying: conceding the…