T & W Farm Supply, Inc. v. McCall

Webb, Judge.

1. By supplemental record forwarding the order of the trial court it affirmatively appears that the court exercised, and did not abuse, its discretion in allowing an affidavit in opposition to the motion for summary judgment to be filed and served on the day of the hearing. Consequently no error appears. Malone v. Ottinger, 118 Ga. App. 778, 782 (165 SE2d 660); Supreme Oil Co. v. Brock, 129 Ga. App. 863 (1) (201 SE2d 659) and cits.; Johnson v. Frazier, 121 Ga. App. 212 (1) (173 SE2d 434).

2. While the instant case is similar to Farmers Mut. Exchange v. Sisk, 131 Ga. App. 206 (205…