BANKE, Judge.
This is an appeal by the defendant from a summary judgment in favor of the plaintiff in a suit on account. The defendant did not file his affidavit opposing the motion for summary judgment until the date of the hearing; however, he served the affidavit on counsel for plaintiff by mail two days prior to the hearing. The affidavit apparently was not considered by the trial judge, as it does create a genuine issue of material fact. Held:
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