Walter E. Heller & Co. v. Color-Set, Inc.

Shulman, Judge.

In suit on an alleged breach of contract, defendant appeals the denial of its motion for summary judgment and the grant of plaintiffs motion for partial summary judgment. Since there are issues still pending in the court below, we are without jurisdictional power to review the denial of defendant’s motion for summary judgment, Allstate Ins. Co. v. Renshaw, 151 Ga. App. 80 (4). However, the grant of plaintiffs motion for partial summary judgment is directly appealable (see Code Ann. § 81A-156 (h)) and on that issue, we reverse.

The facts of the case are as follows:…