Atlanta Cutlery Corp. v. Queen Cutlery Co.

Sognier, Judge.

Queen Cutlery Co. sued Atlanta Cutlery Corporation on an account arising out of the sale of certain knives which were “seconds.” Queen moved for partial summary judgment based upon Atlanta Cutlery’s answers to interrogatories and requests for admission. Atlanta Cutlery stood on its pleadings and submitted no affidavits of defense. The trial court granted Queen’s motion and Atlanta Cutlery appeals.

Appellant contends that issues of fact raised by the affirmative defenses in its answer preclude the grant of a motion for partial summary judgment. Appellant admitted in its responses…