Melba's Dress Shop v. Commercial Factors Corp.
Melba's Dress Shop v. Commercial Factors Corp.
Opinion of the Court
To the levy of fi. fas. on behalf of three judgment creditors, P. L. Gaskins and Melba Gaskins, doing business as Melba’s Dress Shop, interposed affidavits of illegality, all of which, though varying in wording, were in substance as follows: “Defendant shows that at the time the suit was filed in the above stated case that the attorneys for the plaintiff
Assuming, but not deciding, that an agreement of the nature indicated, if valid, would constitute the basis for an affidavit of illegality, and assuming that the allegations that defendant forbore to file defenses, sufficiently allege consideration moving to the plaintiffs, the allegations of the affidavits in these cases were too vague, uncertain, and indefinite to set forth a binding and enforceable' agreement in that they failed to show what agreement there was between the parties as to the dates and amounts of the payments to be made, and for this reason the trial court did not err in sustaining the motion to dismiss them. Lightfoot v. King, 25 Ga. App. 80 (1) (102 S. E. 468); Stanaland v. Stephens, 78 Ga. App. 68 (2) (50 S. E. 2d 258); Reid v. Hemphill, 82 Ga. App. 391, 394 (1) (61 S. E. 2d 201); Williams v. Gottlieb, 90 Ga. App. 438 (1) (83 S. E. 2d 245).
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.