Oscar H. Steiner v. Joseph Wertheimer

This cause, having been removed from the state court to the United States District Court, was dismissed by the District Court on defendant’s motion for summary judgment from which ruling this appeal was taken.

It appears from the record, briefs and argument of counsel for the respective parties that numerous factual issues, involving two different legal theories in support of the relief sought, are raised by the petition and the answer, and that defendant’s motion for summary judgment was sustained by the District Court by the mere entry of an order to that effect without accompanying or…