Lord v. Die Polder

OGILVIE, CLAUDE, Associate Judge.

In this law action both parties moved for a summary judgment, each alleging “that there is no genuine issue of any material fact * * * ”; and each party contends that he is entitled to a summary judgment as a matter of law.

On April 24, 1957, plaintiff Lord delivered to defendant Courtney Roberts DiePolder a check in the sum of $10,000; and on same date and simultaneously therewith defendant delivered to plaintiff a written instrument in the following language:

“April 24, 1957

“Received of Wm. W. Lord One Check for ten thousand dollars ($10,000.00) made to…