Barker v. Gold Kist, Inc.
| Court | Georgia Court of Appeals |
| Writing for the Court | BELL |
| Citation | Barker v. Gold Kist, Inc., 217 S.E.2d 195, 135 Ga.App. 224 (Ga. App. 1975) |
| Decision Date | 19 June 1975 |
| Docket Number | No. 2,No. 50655,50655,2 |
| Parties | Robert BARKER v. GOLD KIST, INC |
M. Dale English, Adel, for appellant.
Griffis & Thomas, Virgil D. Griffis, Adel, for appellee.
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 and duress. It is apparent therefore that material issues of fact are present and it was error to grant the motion.
Judgment reversed.
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3 cases
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Stratton & McLendon, Inc. v. Cameron-Brown Co.
...228 S.E.2d 227; C. K. Security Systems, Inc. v. Hartford Accident & Indemnity Co., 137 Ga.App. 159, 223 S.E.2d 453; Barker v. Gold Kist, Inc., 135 Ga.App. 224, 217 S.E.2d 195; Commercial Credit Plan, Inc. v. Mills, 134 Ga.App. 908, 216 S.E.2d 628; Price v. B-Line Systems, Inc., 129 Ga.App. ......
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Jones v. Howard
...allegations under oath in his opposing affidavit. In such a case, it was error to grant summary judgment. Cf. Barker v. Gold Kist, Inc., 135 Ga.App. 224, 217 S.E.2d 195 (1975). Questions of credibility cannot be resolved on summary judgment. Roberson v. Home Ins. Co., 149 Ga.App. 590, 254 S......
- W. H. Mulherin Const. Co. v. Betterton
