Curley v. Finest Homes, Inc.

BARNS, PAUL D., Associate Judge.

The appellee-plaintiff, Finest Plomes, Inc., sued appellant-defendant, Donald J. Curley, in an action of assumpsit. The complaint contained only the common law common count of indebitatus assumpsit. The defendant Curley filed an answer of a general denial. The plaintiff-appellee moved for a summary judgment supported by an affidavit, to which appellant Cur-ley filed a counter-affidavit. The court granted plaintiff’s motion for summary judgment from which judgment the defendant Curley prosecuted this appeal. We find error and reverse.

Although not clearly stated…