Carney-Rutter Agency, Inc. v. Central Office Buildings, Inc.

With respect to this appeal, respondent urges that it was proper for the trial court to have denied Mitchell’s application for a summary judgment because there are disputed questions of fact. In addition to the verified complaint and answer, the trial court had before it the adverse examinations of Messrs. Carney and Rutter, various affidavits, and considerable documenfary evidence, such as deeds of conveyance and letters passing between the parties. There are some disputed questions of fact, it is true, but these are entirely immaterial to the questions of law presented and therefore do not…