Allis-Chalmers Credit Corporation v. McGill

Full title: ALLIS-CHALMERS CREDIT CORPORATION v. McGILL

Court: Court of Appeals of Georgia

Date published: Oct 19, 1973

202 S.E.2d 270 (Ga. Ct. App. 1973)

130 Ga. App. 39

Opinion

48436.

ARGUED SEPTEMBER 4, 1973.

DECIDED OCTOBER 19, 1973.

Deficiency judgment. Cobb State Court. Before Judge White.

Powell, Goldstein, Frazer Murphy, David R. Aufdenspring, Harvey D. Harkness, for appellant.

Grubbs Platt, J. Milton Grubbs, Jr., Adele Platt, for appellee.

EBERHARDT, Presiding Judge.

In this suit to recover a deficiency judgment against the purchaser of heavy duty equipment under a retail instalment contract, the property having been repossessed and sold at public sale after default by the purchaser in making the instalment payments, issues of fact are raised which are of sufficient gravity to make proper the denial of plaintiff's motion for summary judgment.

Judgment affirmed. Pannell and Stolz, JJ., concur.

EBERHARDT, Presiding Judge.

ARGUED SEPTEMBER 4, 1973 — DECIDED OCTOBER 19, 1973.