Hilton Hotels Corp. v. Withrow Travel Service, Inc.

Banke, Judge.

In this contract action, the trial court granted summary judgment to the plaintiff on the basis of the defendant’s failure to respond under oath to plaintiffs requests for admissions. The defendant’s responses to the requests were instead simply signed by its attorney. Appeal is from the grant of summary judgment. Held:

Under the Civil Practice Act, requests for admission require "a written answer or objection addressed to the matter, signed by the party or by his attorney . . .” (Emphasis supplied.) Code Ann. § 81A-136 (Ga. L. 1966, pp. 609, 648, as amended through Ga. L. 1972,…