119 Ga. App. 333 (1969)

167 S.E.2d 599


Court of Appeals of Georgia.

Decided January 27, 1969.

Rehearing Denied March 11, 1969.

Attorney(s) appearing for the Case

George G. Finch, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, for appellant.

E. G. Shaffer, for appellee.


1. (a) The grant of a partial summary judgment is an appealable order. Code Ann. § 81A-156(h). Where the plaintiff sues on a theory of money had and received by the defendant which was paid over in two sums, and the allegations of the petition affirmatively show that the plaintiff is not entitled to recover one of them, the amount which the plaintiff is entitled to recover becomes an issue in the case, and motion for summary judgment is a proper...

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