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PRICE v. GUARDIAN MORTGAGE CORP.

51599.

137 Ga. App. 519 (1976)

224 S.E.2d 451

PRICE v. GUARDIAN MORTGAGE CORPORATION.

Court of Appeals of Georgia.

Decided January 23, 1976.

Rehearing Denied February 9, 1976.

Attorney(s) appearing for the Case

Gershon, Ruden, Pindar & Olim, Jay E. Loeb, for appellant.

Storey & Obenschain, Robert W. Storey, Samuel L. Obenschain, Jr., for appellee.

WEBB, Judge.

Guardian Mortgage Corporation filed suit against Robert Price on a promissory note, a copy of which was attached to the complaint as an exhibit. No answer was filed and a default judgment was entered for the unpaid principal sum and attorney fees. Price filed a motion to set the judgment aside, contending that there was a nonamendable defect on the fact of the pleadings in that the note was usurious under...

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