Sundure Paint Corp. v. Nursery Crafters, Inc.

This is a motion by the plaintiff for summary judgment under rule 113 of the Rules of Civil Practice, based on the complaint, the answer and counterclaim, the moving affidavit by plaintiff’s manager, and the answering affidavit by the president of defendant corporation. The well known purpose of this rule 113, permitting summary judgment on a contract claim, is to avoid delay in the enforcement of such claim where the defense, though good in form, is without merit. The object of the motion is to obtain judgment forthwith where no triable issue is raised.

The question to be decided, therefore,…