MOBLEY, Justice.
1. "The [summary] judgment sought shall be rendered forthwith if . . . there is no genuine issue as to any material fact . . ." (Italics ours.) Ga. L. 1959, p. 234 (Code Ann. § 110-1203).
The portion of the Summary Judgment Act quoted above requires a genuine issue as to a material fact in order to preclude summary judgment, and while the plaintiff in error contends that the alleged failure on the part of the defendant in...
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