Morris v. Miller & Smith Mfg. Co.

COMPTON, Chief Justice.

The question presented by this appeal is whether the court erred in granting summary judgment. The pertinent provision of the applicable statute, § 21-1-1(56) (c), 1953 Comp., reads:

“ * * ' * The judgmefit sought shall be rendered forthwith if the pleadings, depositions, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. * * * ”

The plaintiff brought this action to’ recover judgment for certain sales commissions, and filed a demand…