Goldstein v. Florida Fishermen's Supply Co.

HORTON, Chief Judge.

This appeal is from a summary judgment rendered for appellee in an action for goods allegedly bargained and sold to appellants, before answer by appellants but also after appellants had moved for summary judgment in their favor.

Appellants contend that there were genuine issues as to material facts which pre-*454eluded the entry of a summary judgment. This contention is well taken.

The appellants, before answer, moved for summary judgment with supporting affidavits. The gist of these affidavits was a denial of the appellee’s claim. The appellee filed opposing affidavits, among…