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Lawskills.com Georgia Caselaw
STROTHER v. HILL AIRCRAFT & LEASING CORPORATION.
55120.
WEBB, Judge.
Breach of contract. Fayette Superior Court. Before Judge Whalen.
1. Hill's motion to dismiss this appeal is denied.
2. We find no error in the application of the "three-minute rule" (Rule 41 of the Rules of the superior court, as codified by Code Ann. 24-3341) in this case. See Schwartz v. C. & S. Mtg. Co., 142 Ga. App. 682, 683 (3) (236 SE2d 856) (1977); Lester v. Master Charge, 141 Ga. App. 593 (234 SE2d 164) (1977); Perry v. Dudley, 141 Ga. App. 455, 457 (4) (233 SE2d 849) (1977) and cits.; George v. Handshakers, Inc., 140 Ga. App. 641, 642 (1) (231 SE2d 575) (1976).
3. Default judgment was also authorized since the complaint was for a sum certain remaining to be paid under the contract, which Strother, in fact, did not deny. Henry v. Adair Realty Co., 141 Ga. App. 182, 183 (1) (233 SE2d 39) (1977); Galanti v. Emerald City Records, 144 Ga. App. 773 (1978). While the counterclaim alleged fraud, which was not an unliquidated claim, the striking of the counterclaim was not enumerated as error.
Notes
1  For previous appearance of this case see Strother v. Hill Aircraft &c. Corp., 142 Ga. App. 206 (235 SE2d 647) (1977).
Thompson, Stovall, Stokes & Thompson, James F. Stovall, III, for appellee.
Scheer & Elsner, Michael Weinstock, for appellant.
ARGUED JANUARY 12, 1978 -- DECIDED FEBRUARY 8, 1978 -- REHEARING DENIED MARCH 2, 1978.
Friday May 22 05:04 EDT


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