Simmerson v. Blanks

Smith, Judge.

Appellant contends questions of fact remained as to appellee’s liability for breach of a duty owed the appellant, the duty allegedly based upon, alternatively, (1) appellee’s contractual status as appellant’s attorney or (2) appellee’s status as appellant’s voluntary agent. We agree that appellee did not conclusively disprove appellant’s claim for damages based on voluntary, or gratuitous, agency, and accordingly we reverse the trial court’s grant of appellee’s motion for summary judgment. Sheppard v. Post, 142 Ga. App. 646 (4) (236 SE2d 680) (1977).

Appellant contracted to sell…