Opinion
No. W-123.
April 15, 1975. Rehearing Denied April 29, 1975.
Appeal from Circuit Court, Marion County; D.R. Smith, Judge.
Bevin G. Ritch, Lowry Ritch, Gainesville, for appellant.
Ben Daniel, Jr., Ocala, for appellee.
This appeal questions the correctness of a summary judgment rendered in favor of appellee.
A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellee was entitled to judgment as a matter of law. Accordingly, the judgment appealed is
Affirmed.
BOYER, Acting C.J., and MILLS, J., concur.
McCORD, J., dissents.
On Motion for Summary Judgment, all reasonable inferences must be considered in a light most favorable to the party moved against. In my view, there are material issues of fact on the question of whether or not Lester A. Bell, Jr., son-in-law of W.C. Webb and also a salesman for appellant, was acting as Webb's authorized agent when he incurred the debt here sued upon in Webb's name. Such precludes the grant of summary judgment and I, therefore, dissent.