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MAYS v. THARPE & BROOKS, INC.

54589.

143 Ga. App. 815 (1977)

240 S.E.2d 159

MAYS v. THARPE & BROOKS, INC. et al.

Court of Appeals of Georgia.

Decided October 26, 1977.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

Hatcher, Meyerson & Irvin, Stanley P. Meyerson, for appellant.

Zusmann, Sikes, Pritchard & Cohen, H. William Cohen, Stephen C. Whicker, for appellees.

WEBB, Judge.

Action against Dr. J. L. Mays and Wade R. Mason on their guaranty of a $48,000 note from Rondak Construction Company was begun on June 2, 1975 by Tharpe & Brooks, Inc., as assignee of First South Homeowners Co., Inc., original payee. Mays answered on July 2 and Mason on October 28. Mason was adjudged a bankrupt on February 17, 1976. Tharpe moved for summary judgment against Mays in March, and to this motion Mays responded and made affidavit in opposition...

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