Knudsen

The issue on this appeal, as stated by both parties in their briefs, is whether the affidavit of the defendant Faubus, the respondent herein, is sufficient to support the order granting his motion for a summary judgment against the plaintiff, the appellant herein.

The plaintiff brought this action for damages arising out of an automobile accident, occurring on January 13, 1960, allegedly caused by the negligence of the defendant Denton while driving an automobile owned by the defendant Faubus with the consent of the latter. The defendant Faubus moved for a summary judgment under the provisions of section 437c of the Code of Civil Procedure; and supported his motion with an affidavit properly conforming to the requirements of that section. In this affidavit Faubus stated that it was a fact, and he would testify, that he was an automobile dealer; as such dealer, owned the automobile in question on January 12, 1960; sold it on that date to the defendant Denton; before completing such sale prepared a “Dealer’s Notice of Sale” which was signed by Denton; that his usual course of business was to enclose such a notice in an envelope addressed to the Department of Motor Vehicles at…