Legal Opinion

HG HASTINGS COMPANY v. Long & Patrick Nursery, Inc.

Court of Appeals of Georgia

Decided April 6, 1983No. 65875PublishedCited by 5 opinions

1Opinion of the Court

Banke, Judge.

This is an action to recover an alleged open account indebtedness in the amount of $2,141 for plants sold to the defendant. In its answer, the defendant admitted receipt of the invoices attached to the complaint but denied being indebted in that amount. This appeal is from the grant of summary judgment for the plaintiff. Held:

“The cardinal rule in the summary judgment procedure is that the court can neither resolve the facts nor reconcile the issues, but only look to ascertain if there is an issue of fact. [Cit.] The party moving for summary judgment has the burden of showing the…

2Cases cited2 opinions

  1. Jonesboro Tool & Die Corp. v. Georgia Power Co.Court of Appeals of Georgia · 1981
  2. Hamlet v. Mr. Zippy, Inc.Court of Appeals of Georgia · 1982

3Cited by5 opinions

  1. Franklin v. UAP/GA. AG. Chem., Inc.Court of Appeals of Georgia · 1999
  2. Malta Construction Co. v. Henningson, Durham & Richardson Inc.District Court, N.D. Georgia · 1988
  3. W. Linton Howard, Inc. v. Gibbs Machinery, Inc.Court of Appeals of Georgia · 1984
  4. Coast Catamaran Corp. v. MannCourt of Appeals of Georgia · 1984
  5. Coast Catamaran Corp. v. MannCourt of Appeals of Georgia · 1984

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