Townsend v. La Crosse Trailer Corp.

The trial court entered a summary judgment on motion of the defendant for the reason that no issue of fact admissible under the law of the case was presented by the pleadings, affidavits, and the adverse examination of the plaintiff. The court held that neither fraud, incapacity, nor mutual mistake was alleged in the pleadings or offered by way of affidavit or adverse examination. The "appellant con tends that the record presents several substantial triable issues of fact and that the summary judgment should not have been entered.

It is unnecessary to discuss any or all of these claimed issues…