Fidelity & Deposit Co. of Maryland v. Wellington Trade, Inc.

MURPHY, Justice.

Fidelity and Deposit Company of Maryland (Fidelity) appeals the trial court’s grant of a summary judgment in favor of Wellington Trade, Inc., et al. (Wellington). At issue on appeal is the legal sufficiency of Wellington’s summary judgment proof. We reverse and remand.

Wellington and SSA International, Inc. (SSA), an independent freight forwarder, entered a contract for the sale of four dry van trailers in August, 1977, for the purchase price of $8,800.00. Wellington delivered the trailers in September, 1977, but never received payment. In March, 1978, Wellington filed suit…