Marba v. Warren

This is a motion by the plaintiff, under rule 113 of the Rules of Civil Practice, for summary judgment against both defendants. The motion is based on the verified complaint, the verified answer of defendant Warren, the affidavit of plaintiff’s attorney, and the answering affidavit of said defendant Warren. Defendant Portino filed no answer or affidavit, and did not appear.

The purpose of this rule 113, which permits a plaintiff under certain circumstances to obtain summary judgment on a contract claim, is to avoid delay in the enforcement of such claim where the defense, apparently good in…