Harbach v. Lain and Keonig, Inc.

PHILLIPS, Judge.

The first error assigned by defendant appellants is the denial of their motion for summary judgment. This assignment is overruled without discussion because the record does not show what evidence, if any, was presented to the court in support of the motion. Though the motion states that it is supported by “depositions, answers to interrogatories and admissions of fact, together with the affidavits attached hereto,” no such documents are in the record before us; thus we have no basis for concluding that the evidence presented established that no material issue of material fact…