Wilkinson v. Amos Enderlin Contracting Co.

I agree with the appellant’s contention that the Request for Admission No. 4 is so ambiguous it cannot constitute the basis for a summary judgment.

The first sentence of the request is: “Admit that Exhibit ‘A’ hereto are true copies of statements submitted by plaintiff to Wilkinson Brothers Construction Co. directly reflecting . . . . ” Already, we have a problem.

It is clear that the sentence does not ask the appellant to admit that the exhibit contains statements which correctly reflect the hours actually worked and the amounts actually due. It asks appellant to admit that the exhibit…