Davis v. Comito

MASON, Justice.

This appeal by defendant, William J. Comito, stems from a summary judgment for John F. Davis, plaintiff, in a law action seeking judgment on Comito’s promissory note executed September 10, 1964 and delivered to plaintiff December 11. It presents the question whether there was a genuine issue as to any material fact generated by the record before the trial court thus precluding it from finding Davis was entitled to judgment as a matter of law.

Rule 237(c), Rules of Civil Procedure, provides in part: “* * * The judgment sought shall be rendered forthwith if the pleadings,…