Day v. Mortgage Insurance Corporation

SMITH, Justice.

Appellant, hereinafter sometimes referred to as Day, appeals from a summary judgment dismissing his action ex contractu directed against respondents,, assigning error committed by the trial court in doing so.

Day, in his complaint, alleged generally that respondents were indebted to him, Day, in the sum of $1,439.15. After filing its answer, respondent Mortgage Insurance Corporation, hereinafter sometimes referred to as the Corporation, obtained Day’s answers to written interrogatories and submitted those answers and its affidavits to the trial court on its motion for summary…