Unmack v. McGovern

The motion for summary judgment in this case was made pursuant to sec. 270.635, Stats., which is as follows:

“Summary judgments. (1) Summary judgment may be entered as provided in this section in an action (a) ff> recover a debt or demand arising on a contract, express or implied (other than for breach of promise to marry) ; or .(2) The judgment may be entered in favor of either party, on motion. . . .”

While seven classes of action are enumerated in which the motion may be made, sub. (1) (a) is the only one which could possibly have any application to the facts set out in this complaint. The…