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THOMAS v. HOME CREDIT CO.

46961.

125 Ga. App. 876 (1972)

189 S.E.2d 470

THOMAS v. HOME CREDIT COMPANY.

Court of Appeals of Georgia.

Decided March 16, 1972.

Rehearing Denied March 31, 1972.

Attorney(s) appearing for the Case

Phillip Slotin, for appellant.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Emmet J. Bondurant, J. D. Humphries, III, for appellees.

EBERHARDT, Judge.

1. As the trial court properly held in his order sustaining Home of Atlanta's motion for summary judgment, the undisputed facts show that the tortious conduct complained of, if committed, was committed by a servant of Home of Georgia and not by a servant of Home of Atlanta. Accordingly the motion for summary judgment filed by Home of Atlanta was properly sustained.

2. However, it was error to...

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