Bowen v. Consolidated Mortgage & Investment Corp.

Qtttt.t.tan, Judge.

It is permissible to grant a motion for summary judgment only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Malcom v. Malcolm, 112 Ga. App. 151, 154 (144 SE2d 188). Hence, the question we must determine in the case sub judice is whether any genuine issue as to usury was raised.

We recognize that: “A party may testify as to his intention. It is evidence to be considered, but the facts—all the facts—are *877to be considered, to arrive at the truth respecting his real motive.” Hartford Fire Ins. Co. v. Lewis, 112…