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Concept-National, Inc. v. Dimattina Supply Company

Court of Appeals of Georgia
Oct 23, 1978
250 S.E.2d 552 (Ga. Ct. App. 1978)

Opinion

56494.

ARGUED SEPTEMBER 13, 1978.

DECIDED OCTOBER 23, 1978. REHEARING DENIED NOVEMBER 2, 1978.

Action on account. DeKalb State Court. Before Judge Mitchell.

Glenville Haldi, for appellant.

Macey Zusmann, Dennis M. Hall, Gary Backman, H. William Cohen, for appellee.


Appellant contends the trial court erroneously granted summary judgment against it. We disagree and affirm.

Appellee moved for summary judgment on its complaint on open account. Attached to appellee's complaint were its accounts indicating appellee sold and delivered two anchors to appellant for $3,475. Appellant answered the complaint with a general denial of the alleged debt. Introduced in support of appellee's motion was an affidavit by its president, who therein swore that appellant had ordered certain merchandise from appellee, that appellee had properly delivered the merchandise to appellant, that the price for the merchandise was $3,475, and that appellant had refused to comply with appellee's demand for payment. Appellant's president, by counter-affidavit, stated only that appellee's accounts were incorrect and did not reflect "monies had and received by the Plaintiff from the Defendant."

Appellee made a prima facie showing of entitlement to judgment, and it then became incumbent upon appellant to come forward with " specific facts showing that there is a genuine issue for trial." (Emphasis supplied.) CPA § 56 (e). The vague, unsupported statement made by appellant's president did not suffice to create a genuine issue, and the trial court properly granted summary judgment to appellee. Young v. Climatrol Southeast Distributing Corp., 141 Ga. App. 235 ( 233 S.E.2d 54) (1977); Hathcock v. Nat. Bank of Ga., 147 Ga. App. 134 (1978).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

ARGUED SEPTEMBER 13, 1978 — DECIDED OCTOBER 23, 1978 — REHEARING DENIED NOVEMBER 2, 1978.


Summaries of

Concept-National, Inc. v. Dimattina Supply Company

Court of Appeals of Georgia
Oct 23, 1978
250 S.E.2d 552 (Ga. Ct. App. 1978)
Case details for

Concept-National, Inc. v. Dimattina Supply Company

Case Details

Full title:CONCEPT-NATIONAL, INC. v. DIMATTINA SUPPLY COMPANY, INC

Court:Court of Appeals of Georgia

Date published: Oct 23, 1978

Citations

250 S.E.2d 552 (Ga. Ct. App. 1978)
250 S.E.2d 552

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