Carmichael v. Gonzalez

Felton, Chief Judge.

1. The granting of a summary judgment is error unless the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Code Ann. § 110-1203; Davis v. Holt, 105 Ga. App. 125, 130 (1c) (123 SE2d 686) and citations. The court granted the motion for summary judgment on the basis that the contract was void and unenforceable by reason of its indefinite and improper statement of the terms of the first mortgage. This portion…