Metro Chrysler-Plymouth, Inc. v. Pearce

*839Eberhardt, Judge.

Assuming, without deciding, that the condition attached to the acceptance of the order was sufficiently definite to be enforceable and that, as contended by appellant, it meant a credit rating satisfactory to appellant, the appellant was nevertheless not entitled to a summary judgment, as the evidence did not demand a finding in the appellant’s favor on the only theory advanced, that is, that appellant was authorized to rescind the contract because the condition of acceptance had not been met.

The burden was upon the plaintiff, it being the movant in the motion for summary…