Georgia Court of Appeals, 1969

McChargue v. Black Grading Contractors, Inc.

McChargue v. Black Grading Contractors, Inc.
Georgia Court of Appeals · Decided January 14, 1969 · Eberhaedt
119 Ga. App. 35; 166 S.E.2d 43; 1969 Ga. App. LEXIS 967

McChargue v. Black Grading Contractors, Inc.

Opinion of the Court

Eberhaedt, Judge.

It was error to grant defendant’s motion for summary judgment where the pleadings, depositions and affidavits, summarized below, did not show that there was no genuine issue as to any material fact and that defendant was *36entitled to judgment as a matter of law. Accordingly, the judgment must be

Submitted January 8, 1969 Decided January 14, 1969. Bullock, Yancey & Mitchell, Kyle Yancey, for appellant. Hansell, Post, Brandon & Dorsey, Hugh E. Wright, for appellee.

Reversed.

Bell, P. J., and Deen, J., concur.

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