Baxter v. Georgia Federal Savings & Loan Ass'n

Underwood, Judge.

In this appeal, transferred here from the Supreme Court, Baxter and Berry, plaintiffs below, appeal the grant of summary judgment to defendant Georgia Federal Savings & Loan Association (hereafter Georgia Federal) which they had sued for wrongful foreclosure on real estate, held as a security for a loan, contending that payments had been made by them which, while late, were retained by Georgia Federal, thus establishing a quasi new agreement respecting the timeliness of installment payments so that Georgia Federal could not, thereafter, insist on the original terms without…