First National Bank & Trust Co. v. Kunes

Ingram, Justice.

Certiorari was granted to review the decision of the Court of Appeals in First Nat. Bank &c. Co. v. Kunes, 128 Ga. App. 565 (197 SE2d 446) (1973). The case involves a construction of Ga. L. 1935, p. 381 (Code Ann. §§ 67-1503 — 67-1506), providing for judicial confirmation of foreclosure sales under power of sale as a condition precedent to suits for deficiencies. The facts of the case are related in the opinion of the Court of Appeals and the question they present for decision is whether the appellant bank is precluded by the statute from asserting contractual claims for…