Bates v. Bowles White & Co.

— The fundamental question to be resolved is whether the record presents a “genuine issue as to any material fact.” If it does, the case must be submitted to a jury for determination. Defendant appeals from a summary judgment entered by the court, “a jury panel having been called and waiting in attendance.”

The pleadings, depositions, affidavits, and exhibits present these facts:

March 20, 1957, plaintiff Mathel Bates purchased a tuna fishing boat, the D.V. “Flo,” for $10,500; the bill of sale vested title in her. Plaintiff later paid a promissory note secured by the preferred ship’s mortgage…