FOX v. WAND

No. 38.

50 Wis.2d 241 (1971)

184 N.W.2d 81

Fox and another, d/b/a Fox & HANOVER, Respondents, v. WAND, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Victor Weiss, attorney, and Thomas A. Schulz of counsel, and oral argument by Jeffrey S. Schuster, all of Milwaukee.

For the respondents there was a brief and oral argument by Paul L. Moskowitz of Milwaukee.


WILKIE, J.

The only issue involved on this appeal is: Is there an issue of fact that must be tried when the party moving for summary judgment has sworn to evidentiary facts as to a contract of service with the other party and that party fails to come forward with any evidentiary facts supporting his contention that the agreement was changed?

"On a motion for summary judgment if the material facts are not in dispute and if the inferences which may reasonably...

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