Durbin v. Woods

Supreme Court of Georgia

Durbin v. Woods

218 S.E.2d 865, 235 Ga. 120, 1975 Ga. LEXIS 800

Supreme Court of Georgia·Decided September 12, 1975·No. 30095·Published·Cited by 4 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Durbin v. Woods, 218 S.E.2d 865, 235 Ga. 120, 1975 Ga. LEXIS 800 (Ga. 1975).

Pincite

218 S.E.2d 865 (Durbin v. Woods) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related