Wittke v. Horne's Enterprises, Inc.

Whitman, Judge.

For several reasons, any one of which should suffice, we affirm the grant of the summary judgment.

Contract or tort? In his suit, as amended, plaintiff alleges that his son called his mother (plaintiff’s wife) on the telephone, asking permission to spend the night with David and Jerry at the motel, and that the defendant Crank got on the telephone and asked Mrs. Wittke to allow Lynn to spend the night with the other boys at the motel, stating that he would be there and that he would “take care of them.” In response, Mrs. Wittke extended the permission and the boys were assigned…