Gardner-Zemke Co. v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that summary judgment is foreclosed when there exists a material factual issue
• the rule construing ambiguities against the drafter applies \only if the court is otherwise unable to ascertain the parties' intent\
• summary judgment motion is to determine whether factual issue exists, not to resolve the factual issue
• “If genuine controversy as to the facts exists, a motion for summary judgment should be denied and the factual issues should proceed to trial”
• the rule construing ambiguities against the drafter applies “only if the court is otherwise unable to ascertain the parties’ intent”

Source: CourtListener parenthetical corpus (CC0).