Markham v. Thompson

KEHOE, Judge.

Appellant, defendant below, brings this appeal from a final summary judgment entered by the trial court in favor of appellee, plaintiff below, in his suit on an assignment contract. We reverse.

Our review of the record in this cause reveals, as urged by appellant, that at the time the trial court entered its final summary judgment in favor of appellee there existed justiciable questions of fact in regard to the issue of rescission and that the facts, as shown by the proofs before the trial court, did not justify the imposition of the judgment. See, e. g., Moseley v. Turrell, 354…