Smith v. Hamilton

OPINION

By the Court,

Merrill, J.:

This is an action brought by appellant as plaintiff to recover the sum of $1,818.31. The appeal is from summary judgment rendered in favor of defendant. The factual record consists of the pleadings and of affidavits filed in connection with the motion for summary judgment. In this opinion the parties will be designated as plaintiff and defendant.

Since the question before us is as to the propriety of a summary judgment and, thus, whether genuine issues have been created by the pleadings or proof offered (Rule 56 (c) N.R.C.P.) we shall for the purposes of this…