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CONTINENTAL CARRIERS, INC. v. SEABOARD COAST LINE RAILROAD COMPANY; and vice versa.
48342.
48343.
BELL, Chief Judge.
Action on account. Fulton Superior Court. Before Judge Etheridge.
Plaintiff railroad sued Continental to recover demurrage charges for railroad cars. Plaintiff's motion for summary judgment was granted.
The pertinent portion of the opposing affidavit sets forth no specific facts but contains nothing but conclusory facts. An affidavit must set forth specific facts showing that there is a genuine issue of fact for trial. CPA 56 (e) (Code Ann. 81A-156 (e)). Corbin v. Gulf Ins. Co., 125 Ga. App. 281 (187 SE2d 312). In this case plaintiff established its case by specific, determinable facts by showing the dates of arrival and release of 150 railroad cars at defendant's rail siding and the computation of the demurrage charge as to each individual car. Defendant's rebuttal by the mere assertion that the plaintiff was called and requested and urged to remove the cars before any demurrage became due is insufficient. The grant of summary judgment to plaintiff was correct.
2. The cross appeal No. 48343. The trial court in its grant of summary judgment denied plaintiff interest on the amount of judgment from the date of accrual of the demurrage charges involved through the date of the filing of the amendment to plaintiff's complaint when interest was first sought. "All liquidated demands, where by agreement or otherwise the sum to be paid is fixed or certain, bear interest from the time the party shall become liable and bound to pay them. . ." Code 57-110. A debt is liquidated when it is certain how much is due and when it is due. Lincoln Lumber Co. v. Keeter, 167 Ga. 231 (145 SE 68). Plaintiff had the burden to prove the time when demurrage charges became due and payable. See Crapp v. Dodd, 92 Ga. 405 (2) (17 SE 666). While the railroad's proof established the amount due as demurrage, no proof was offered as to when the charges were due and payable. The allegations of the complaint as amended as to the due dates of these charges even though verified will not suffice to fill this void in the proof. Crutcher v. Crawford Land Co., 220 Ga. 298 (138 SE2d 580). The trial court properly denied the claimed interest.
James L. Flemister, for appellant.
ARGUED JULY 2, 1973 -- DECIDED OCTOBER 11, 1973.
Friday May 22 13:08 EDT


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