DANIEL v. O'KELLEY

26242.

227 Ga. 282 (1971)

180 S.E.2d 707

DANIEL v. O'KELLEY.

Supreme Court of Georgia.

Decided January 21, 1971.

Rehearing Denied February 15, 1971.


Attorney(s) appearing for the Case

A. Frank Grimsley, Guy V. Roberts, Jr., for appellant.

Hatcher, Stubbs, Land, Hollis & Rothschild, Albert W. Stubbs, for appellee.


FELTON, Justice.

1. The complaint in this case stated a claim upon which relief might be granted and the facts shown by the record would have authorized a finding for the plaintiff by a jury trying the case under the evidence presented by both sides which involved issues of fact arising from the facts involving the credibility of witnesses and circumstances shown. Such issues may not be resolved on a motion for a summary judgment. For authority for the claim of the...

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