(dissenting). I dissent. Summary judgment is only proper when "there is no genuine issue as to any material fact”. GCR 1963, 117.2(3). Durant v Stahlin, 375 Mich 628, 646; 135 NW2d 392 (1965) (concurrence of Souris, J.). My study of the record indicates that there is still an issue of material fact in dispute.
I would reverse and remand for proceedings consistent with this opinion.