TELFAIR FINANCE COMPANY v. Williams

Benham, Judge.

Appellant brought suit on a conditional sales contract executed by appellee and assigned by the payee to appellant. The trial court granted summary judgment to appellee on the ground that the statute of limitation had run. On appeal, appellant contends that the trial court erred in failing to rule that the contract was under seal and was, therefore, controlled by the 20-year period of limitation provided for in OCGA § 9-3-23. We agree.

The promissory portion of the contract begins, “The undersigned Buyer hereby promises to pay . . .” and ends, “Signed, sealed and delivered by the…