Short & Walls Lumber Co. v. Shestack

Rodney, J.,

delivering the opinion of the Court:

The Courts of Delaware have consistently held that while an affidavit of defense must set forth the legal defense, and nature and character thereof, so the Court may pass upon the legal effect of the facts stated, yet a summary judgment will not be entered if there is anything in the affidavit of defense which convinces the Court that there may be a legal defense to the action. Snap judgments are not favored in the law. Townsend Trust Co. v. Reynolds, 5 W. W. Harr. (35 Del.) 298, 165 A. 154; Frantz v. Templeman Oil Corp., 3 W. W. Harr. (33 Del.)…