GENERAL ELEC. CO., ETC. v. Pennell

MARTIN, Judge.

Defendants contend in their only assignment of error that the court should not have granted summary judgment for plaintiff. They argue that the case raises several genuine issues of fact. We agree.

First of all, there is a genuine issue of fact as to whether the defendants are liable to plaintiff for any amount at all. It is apparent from the “Security Agreement” executed between the parties on the same day as the “Dealer Franchise Agreement” that, absent other terms in effect at the time of shipment, the defendants did not have to pay for equipment shipped by the plaintiff until…