Smith v. Allen

Eberhardt, Presiding Judge.

In a former appeal of this case, Allen v. Smith & Medford, Inc., 129 Ga. App. 538 (199 SE2d 876), this court reversed the order of the trial court denying plaintiffs motion for summary judgment as to the principal amount sought. Defendants applied for certiorari to the Supreme Court, which was denied; and before the remittitur was received by the trial court, defendant Medford filed an additional affidavit on behalf of defendants in opposition to plaintiffs motion for summary judgment. Thereafter a hearing was held and the trial court, after considering the…