Opinion
56038.
SUBMITTED JUNE 8, 1978.
DECIDED JULY 3, 1978.
Action on notes. Tattnall State Court. Before Judge Cowart.
Van Cheney, for appellants.
Wensley Hobby, for appellees.
The plaintiffs brought suit on two notes, seeking to recover principal and interest due them. The defendants answered and counterclaimed for fraud in the procurement of the sale of a certain business which was the underlying basis of the two notes. This appeal followed the grant of summary judgment for the plaintiff. Held:
From an examination of the present record there are no grounds for reversing the trial judge's finding that because of defendants' actions they ratified any alleged fraud on the part of the plaintiff and now are estopped to assert such defense. Massey v. Electrical Wholesalers, 137 Ga. App. 829 ( 224 S.E.2d 811); Manning v. Wills, 193 Ga. 82, 90 (3) ( 17 S.E.2d 261). Accord, Tuttle v. Stovall, 134 Ga. 325 ( 67 S.E. 806); Gibson v. Alford, 161 Ga. 672, 673 (5) ( 132 S.E. 442); Brown v. Nixon, 231 Ga. 619, 622 ( 203 S.E.2d 200).
Judgment affirmed. Webb and McMurray, JJ., concur.