Cordoba v. Wiswall

HATHAWAY, Chief Judge.

Andres Cordoba has appealed from a summary judgment granted to George Wis-wall, executor of the estate of Mary Greene Wiswall, deceased, defendant below. The matter is before us for the second time, the first appeal having been dismissed by this court, on its own motion, for the reason that it was prematurely taken. See Cordoba v. Wiswall, 5 Ariz.App. 265, 425 P.2d 576 (1967). The appellant’s two-pronged attack on the judgment raises the following questions:

1. Did the existence of a material,, genuine issue of fact preclude the granting of summary judgment?

2. Was the…