Opinion
30095.
SUBMITTED JUNE 20, 1975.
DECIDED SEPTEMBER 12, 1975.
Specific performance, etc. Clayton Superior Court. Before Judge Banke.
Gilbert Hill, Fred A. Gilbert, for appellant.
Oliver Duckworth, Kevin W. Sparger, for appellee.
This is an interlocutory appeal by certificate from an order denying defendant's motion for summary judgment. The suit is for specific performance and damages.
The record does not show beyond doubt that the plaintiff has failed to state a claim which would entitle him to relief. Ammons v. Bolick, 233 Ga. 324 (2) ( 210 S.E.2d 796); Almaroad v. Giles, 230 Ga. 473 ( 197 S.E.2d 706). Also, a review of the record shows genuine issues of material fact to be resolved. Therefore, the trial court was correct in denying the motion for summary judgment. Davis v. Dickson, 232 Ga. 338 ( 206 S.E.2d 473).
Judgment affirmed. All the Justices concur.