C. & S. Realty Co. v. Perry Printing Process Co.

Bell, Presiding Judge.

The bill of exceptions assigns error successfully only on the judgment of the trial court which granted the defendant’s motion for summary judgment. Judgment was entered for the defendant against the plaintiff on the plaintiff’s petition and in favor of the defendant for the sum sought by the latter’s cross action.

It is palpably self-evident from the record that the trial judge grounded his grant of the defendant’s motion for summary judgment on his construction, a correct one, of the plain language of an unambiguous provision of the written contract involved which was…