CHAMBERS LUMBER COMPANY, INC. v. Hagan

Quillian, Judge.

In support of the motion for summary judgment the defendant submitted an affidavit of the builder, Clark Brothers, stating that all work and materials furnished for the construction of the house had been paid.

In response to the motion the plaintiff filed an affidavit of Hubert Clark, a partner of Clark Brothers, who signed the builder’s affidavit. The affidavit stated in part that: “Deponent further states that he merely signed his name to the signature blank and that he was not sworn by any officer authorized to administer oaths nor did he state that he was giving his…