Whittenberg v. Carnegie

Prom summary judgment for defendants, plaintiffs appeal, contending that the pleadings and the affidavits supporting the motion for summary judgment and opposing affidavit of merits give rise to controverted questions of fact for determination by the court or a jury. The mere existence of issues of fact is, however, no bar to entry of summary judgment for defendants, if, upon resolving all such issues in favor of plaintiffs, the defendants would still be entitled to a judgment as a matter of law. Jones v. Wayne Circuit Judge, 253 Mich 515.

'■ Plaintiffs’ declaration alleges that defendants…