Riddick v. Evans

Smith, Judge.

Appellant brought a suit on a promissory note. The case proceeded to trial. At trial, appellee made an oral motion to dismiss the complaint. The trial court granted the motion on the ground that the note failed to recite a consideration and that parol evidence of consideration was inadmissible. We reverse.

1. Appellee’s motion was, in substance, a motion to dismiss for failure to state a claim upon which relief can be granted. See Sou. Mill Svc. v. Town of Baldwin, 151 Ga. App. 908 (262 SE2d 210) (1979). Such a motion may “be made orally at the trial.” Sou. Concrete Co. v. Carter…