McKinley Construction Co. v. Dozier

Opinion by

Mr. Chief Justice Pringle.

This writ of error is brought by the McKinley Construction Co., hereinafter referred to as the plaintiff in error, from the granting of Dozier’s motion for summary judgment. Dozier will be referred to by name. The plaintiff in error took this claim by assignment from Ira E. McKinley, who will be referred to by name.

Since there was no testimony taken in the case, we must determine the posture of the case as it went before the trial judge on the basis of the pleadings,' the affidavits, the interrogatories and answers thereto, and the depositions which are in…