Orcutt v. Hanson

LARSON, Justice.

The trial court sustained plaintiff’s motion for summary judgment against defendant in an action for debt on open account and defendant appeals, contending his timely resistance to the motion duly apprised the court of the existence of a substantial issue of fact which might well determine the rights • of the parties to the action. We agree and remand the cause for a trial on the issue of whether there was a settlement or novation at the time defendant executed and delivered a note covering the amount of the open account.

In his action at law plaintiff Lyle E. Or-cutt sought to…