144 Ga. App. 139 | Ga. Ct. App. | 1977
This is a suit on an open account. Plaintiffs motion for summary judgment was granted and defendant appeals.
Among the evidence presented by plaintiff in support of its motion for summary judgment was a letter dated July 22, 1976, to plaintiff from defendant promising to pay the unpaid balance on the account in question according to a schedule set forth in the letter. The affidavit of defendant’s president submitted in opposition to plaintiff s motion for summary judgment states that defendant is a management company for apartment complexes; that no one with authority has requested that credit be extended to defendant by plaintiff; and that defendant never received any goods from plaintiff. Defendant’s president further states that the apartments are liable for any goods or services performed by plaintiff; that the apartments had paid for all goods in the past before their inability to do so; and that an attempt at settlement was made, the letter of July 22, 1976, being a settlement in behalf of the apartment complexes rather than an assumption of liability by the defendant. Held:
The trial court stated in its ruling that the letter of July 22,1976, constituted an admission by defendant that credit had been extended to it in the amount claimed; therefore, plaintiff was entitled to judgment as a matter of law, and accordingly, the court granted plaintiffs motion
Judgment reversed.