151 Ga. App. 868 | Ga. Ct. App. | 1979
This is a suit to collect an "open account.” The defendant-appellant admits executing a "security agreement” and a power of attorney in connection with the transaction which is alleged to have given rise to the debt but denies owing the debt itself. The trial court, for reasons not apparent from the record, concluded that the defendant owed only two items listed on the "statement of account,” to wit: No. 24543 for $1,590.64 and No. 25850 for $524.61. The items are described as "billing for curtailment and interest on trust receipts” and "billing for curtailment and renewal charges on trust receipts,” respectively. Both sides moved for summary judgment as to these items. The defendant’s motion was denied; the plaintiffs was granted. This appeal followed. Held:
The test for the grant or denial of summary judgment is that "[T]he judgment sought shall be rendered
The court’s grant of summary judgment for the appellee is reversed, and its denial of summary judgment for the appellant is affirmed.
Judgment reversed in part and affirmed in part.