Frye v. Felder

Defendant Felder appeals from a summary judgment in favor of plaintiffs Walter E. and Phylliss A. Frye. The issue posed by the appeal is whether a trial court should grant a motion for summary judgment on the basis of facts alleged in plaintiff’s uncontradicted declaration, which facts the defendant is in no position to deny, but where the plaintiff’s own declaration raises a grave question concerning his credibility.

The trial court granted plaintiffs’ motion on the basis of Walter E. Frye’s declaration and that of the defendant. Since plaintiff and defendant apparently never met and their…