Strauss v. Eulberg Brewing Co.

It is the contention of the plaintiff that the pleadings present a substantial issue of fact as to the existence and terms of agreement between the plaintiff and the defendant and for that reason the plaintiff is entitled to a trial of these issues and the summary judgment appealed from should be reversed. Whether a summary j udgment is right or wrong depends entirely upon the question of whether an enforceable contract was entered into between the plaintiff and the defendant as claimed by the plaintiff.

We have carefully examined the record in this case and we are unable to find that the…