Sherman v. Weintraub

The defendant appeals a summary final judgment for plaintiff. The action was to recover for personal services rendered. It is urged that (a) there was a genuine issue as to material facts, and (b) the trial judge erred in considering an affidavit of plaintiff served three days before the time fixed for the hearing.

The appellee as movant for summary judgment timely served affidavits sufficient to establish each element of his case. The appellant attempted to reinforce his denial of liability by an affidavit which did no more than the answer had done, i. e., denied liability as a conclusion of…