MASON v. RALSTON PURINA COMPANY

45000.

121 Ga. App. 53 (1970)

172 S.E.2d 320

MASON v. RALSTON PURINA COMPANY.

Court of Appeals of Georgia.

Decided January 27, 1970.


Attorney(s) appearing for the Case

Cain, Smith & Porter, J. Richard Porter, III, for appellant.

Carlisle & Chason, Willard H. Chason, for appellee.


EVANS, Judge.

1. Where, on review of the grant of a motion for summary judgment, the parties stipulate that a named sum was a stated account, and there was evidence that the balance of the sum awarded was on a promissory note due on demand, executed by the appellee, which was not denied, the pleading alleging failure of consideration has been pierced, and the court did not err in granting summary judgment in favor of the movant for the sum stated in the judgment....

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