Bjornsen Construction Co. v. J. A. Whitmer & Sons

— The sole issue presented by this appeal is whether the trial court erred in sustaining plaintiff’s motion for a summary judgment in an action on a promissory note. The question is as to the sufficiency of appellants’ affidavit filed in resistance to plaintiff’s motion, i.e., whether it stated a substantial issue of fact which, if taken as true, would justify a trial on the merits. The trial court held the sole test was whether the affidavit presented such an issue, found that it did not, and rendered judgment in favor of plaintiff and against the defendant appellants Velma B. Whitmer and…