Warner Electric Brake & Clutch Co. v. Bessemer Forging Co.

MASSEY, Chief Justice.

This is an appeal from a summary judgment. The questions involved are: first, whether the order from which appeal was sought to be taken was interlocutory in character and for that reason not presently •appealable,: — and second, in the event the order was a final and appealable judgment, was there or not any fact issue made as to whether the transaction sued upon by the plaintiff Company • was interstate commerce.

It is our conclusion that the answers to both questions are those in accord with the contentions of the appellant, plaintiff in the trial court.

Judgment…