Dull v. Curran

Since the pleadings raise an issue of the ownership of the automobile and of Curran’s permission, the affidavits offered in support of the motion must be sufficient per se to prove the facts constituting the defense and to overcome the affidavit in opposition to the motion. The proposition of law advanced by Iowa National that retention of the registration certificate by Meese did not invalidate the sale under the Iowa Uniform Sales Act is not reached until it is first determined no genuine material issue of fact exists. Whether there was a conditional sale of the automobile to Kuhse with…