McComsey v. Leaf

Appeal from a summary judgment under section 437c of the Code of Civil Procedure for the sum of $7,255. The validity of the judgment is to be determined by the sufficiency of the affidavits considered upon the hearing of the motion. Plaintiff pleads the common count “that within two years last past plaintiff loaned and advanced to defendant at the latter’s specific instance and request $7,311.75, which said sum defendant promised and agreed to repay”. The answer denies the loan of any sum of money or that he ever promised or agreed to repay any sum to plaintiff.

I. The code section provides…