Breitenbach v. Gerlach

The question presented, therefore, is whether the defendant’s affidavit establishes a prima facie case in relation to the issues raised by the pleadings and whether the counteraffidavits of the plaintiff raise such questions of fact that they must be resolved by trial. It is our opinion that the bill of sale set forth in the defendant’s affidavit is alone sufficient to not only constitute a prima jade case defeating the plaintiff’s cause of action, but also in the absence of a counteraffidavit in any way questioning it, the bill of sale constitutes a defense as a matter of law. The bill of…