Barker v. Gold Kist, Inc.

Court of Appeals of Georgia

Barker v. Gold Kist, Inc.

217 S.E.2d 195, 135 Ga. App. 224, 1975 Ga. App. LEXIS 1623

CourtCourt of Appeals of Georgia

DecidedJune 19, 1975

Docket50655

StatusPublished

Cited by2 cases

This text of 217 S.E.2d 195 (Barker v. Gold Kist, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barker v. Gold Kist, Inc., 217 S.E.2d 195, 135 Ga. App. 224, 1975 Ga. App. LEXIS 1623 (Ga. Ct. App. 1975).

Pincite

Opinion

Bell, Chief Judge.

In this suit on a promissory note, the plaintiff was granted summary judgment. The motion was based on the pleadings only. Defendant’s answer denied all material allegations of the complaint and additionally affirmatively pleaded want of consideration and fraud [225]*225and duress. It is apparent therefore that material issues of fact are present and it was error to grant the motion.

Submitted May 6, 1975 Decided June 19, 1975. M. Dale English, for appellant. Griffis & Thomas, Virgil D. Griffis, for appellee.

Judgment reversed.

Webb and Marshall, JJ., concur.

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