Supreme Court of Georgia, 1975

Durbin v. Woods

Supreme Court of Georgia · Decided September 12, 1975 · No. 30095 · Hall

218 S.E.2d 865; 235 Ga. 120; 1975 Ga. LEXIS 800 (South Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Marathon U. S. Realties, Inc. v. Kalb (Ga. 1979)
Thomas v. McGee (Ga. 1978)
Rhyne v. Garfield (Ga. 1976)
Bedgood v. Employees Retirement System (Ga. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Hall, Justice.

This is an interlocutory appeal by certificate from an order denying defendant’s motion for summary judgment. The suit is for specific performance and damages.

The record does not show beyond doubt that the plaintiff has failed to state a claim which would entitle him to relief. Ammons v.Bolick, 233 Ga. 324 (2) (210 SE2d 796); Almaroad v. Giles, 230 Ga. 473 (197 SE2d 706). Also, a review of the record shows genuine issues of material fact to be resolved. Therefore, the trial court was correct in denying the motion for summary judgment. Davis v. Dickson, 232 Ga. 338 (206 SE2d 473).

Judgment affirmed.

All the Justices concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.