WALTER KASSUBA, INC. v. Bauch

Each party contends that as a matter of law the contract must be construed in its favor.

At the outset we note that defendant’s affidavit contains recitations of the pleadings and ultimate facts. This does not meet the requirement that affidavits in support of a motion for summary judgment shall state evidentiary facts. Sec. 270.635, Stats. See Weber v. Hurley (1961), 13 Wis. 2d 560, 109 N. W. 2d 65, and McChain v. Fond du Lac (1959), 7 Wis. 2d 286, 96 N. W. 2d 607. Consequently, this court cannot affirm the judg ment of the trial court unless the listing contract can be construed as a matter…