DOYAL v. BEN O'CALLAGHAN CO.

48934.

132 Ga. App. 336 (1974)

208 S.E.2d 136

DOYAL v. BEN O'CALLAGHAN COMPANY.

Court of Appeals of Georgia.

Decided June 21, 1974.

Rehearing Denied July 11, 1974.


Attorney(s) appearing for the Case

Hurt, Hill & Richardson, Robert L. Todd, J. Robert Persons, for appellant.

Lipshutz, Macey, Zusmann & Sikes, Charles C. Pritchard, Charles E. Lamkin, for appellee.


BELL, Chief Judge.

1. The defendant by way of counterclaim sought recovery on a $12,000 note executed by plaintiffs payable to defendant, plus interest and attorney fees. The trial court partially granted defendant's motion for summary judgment for $12,000, the principal, plus specified interest and attorney fees. The plaintiffs admitted execution of the note and it was attached to the complaint. It is also undisputed that the note has not been paid and that defendant...

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