Mattco, Inc. v. Sanders

Court of Appeals of Georgia

Mattco, Inc. v. Sanders

218 S.E.2d 640, 135 Ga. App. 576, 1975 Ga. App. LEXIS 1739

Court of Appeals of Georgia·Decided September 2, 1975·No. 50690·Published

Opinion

Stolz, Judge.

In this action by the purchasers of a residence against the sellers and the real estate agent for damages resulting from powder post beetle infestation thereof, the [577] record reveals the existence of genuine issues of material fact for resolution by the jury. The trial judge correctly overruled the defendant real estate agent’s motion for summary judgment.

Argued May 21, 1975 Decided September 2, 1975. Fallin & Kirbo, Keith Murphy, for appellant. Alexander, Vann & Lilly, William U. Norwood, John Turner Holt, Charles H. Watt, III, James C. Whelchel, for appellees.

Judgment affirmed.

Deen, P. J., and Evans, J., concur.

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Stolz, Judge.

In this action by the purchasers of a residence against the sellers and the real estate agent for damages resulting from powder post beetle infestation thereof, the [577] record reveals the existence of genuine issues of material fact for resolution by the jury. The trial judge correctly overruled the defendant real estate agent’s motion for summary judgment.

Argued May 21, 1975 Decided September 2, 1975. Fallin & Kirbo, Keith Murphy, for appellant. Alexander, Vann & Lilly, William U. Norwood, John Turner Holt, Charles H. Watt, III, James C. Whelchel, for appellees.

Judgment affirmed.

Deen, P. J., and Evans, J., concur.

Mattco, Inc. v. Sanders, 218 S.E.2d 640, 135 Ga. App. 576, 1975 Ga. App. LEXIS 1739 (Ga. Ct. App. 1975).

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