Nystrom v. First Nat. Bank of Fresno

Opinion

NAIRN, J. * —

Statement Of The Case

This is an appeal by the plaintiff from a summary judgment granted to the defendant in an action for damages for breach of contract. Both sides moved for summary judgment promptly after the case was at issue. Both agreed that the legality or illegality of the letter agreement (see Appendix A, post, at p. 769) was a matter of law and not of fact. The trial court granted defendant’s motion for summary judgment, ruling that the agreement sued on was illegal and unenforceable. Plaintiff’s appeal followed.

The record on appeal consists of a clerk’s…