Latendresse v. Latendresse

I agree with the majority opinion insofar as it holds that a genuine issue of fact remains as to the “wintering” of cattle; however, I disagree that summary judgment was improper as to the $4,000 note dated February 9, 1963, and as to the other counterclaims. I would remand the case for further proceedings only on the issue of Orville and Ruth’s right to an offset for their costs in wintering Albert’s cattle.

Although I agree with the majority opinion that a late response to a request for admissions should not automatically cause the matters contained therein to be admitted, I believe it goes…