Summerlin v. Beacon Investment Co.

Felton, Justice.

This court granted the writ of certiorari to the Court of Appeals to review the judgment of that court upholding the trial court’s judgment denying the motion for a summary judgment. Summerlin v. Beacon Investment Co., 120 Ga. App. 296 (170 SE2d 307). In the complaint the plaintiff sought damages of the defendant for the alleged breach of a contract for the sale and purchase of described real property. The only question involved is whether the agreement in the contract, for the purchaser to assume a first mortgage loan on the property “in favor of Collateral Investment Company…