State Bank of Medford v. Curran

Under the pleadings, the only issue of fact is the number of animals sold to Niemuth which were subject to plaintiffs chattel mortgage. Plaintiff submitted affidavits of persons who heard the president of Rogers Farms, Inc., admit that the 35 animals sold to Niemuth constituted security under the mortgage. Such admissions were evidentiary facts sufficient to establish plaintiff’s cause of action. Plaintiff was thus entitled to summary judgment unless defendant, by affidavit or other proof showed facts sufficient to entitle him to a trial.1

Defendant produced no evidentiary facts tending to…