Goldman v. Leeann Builders Inc.

Plaintiffs move for summary judgment on an unpaid balance of a demand note.

The great mass of decisions which, almost summarily, deny motions under rule 113 of the Rules of Civil Practice poses the question whether the purpose and value of the rule has not been minimized by a timid approach to the claimed question of fact, or without examining the realities of the alleged conflict of fact — which conflict was said to really exist when the motion was denied. The fear of depriving a defendant of his day in court merely because he says, in-his affidavit, things that, if true, would present a…