Cobb v. Smith

Phipps, Judge.

Norman Smith filed this action against Arty Cobb, individually and d/b/a Cobb Associates. Cobb appeals a summary judgment award to Smith.

In the complaint, Smith alleged that he and Cobb entered into a joint venture to manufacture and sell printed plastic bags to Bell-South Mobility and that, after receiving payment from BellSouth for hundreds of thousands of the bags, Cobb failed to pay Smith the full amount he was owed.

The trial court awarded Smith summary judgment in the principal amount of $25,382.46 based on its determination that the evidence showed without dispute: that…