Opinion
34287.
SUBMITTED DECEMBER 1, 1978.
DECIDED JANUARY 24, 1979.
Injunction, etc. Tattnall Superior Court. Before Judge Findley.
D. Duston Tapley, Jr., for appellant.
B. Daniel Dubberly, Jr., David Baxter, for appellee.
This is an action to cancel a note and security deed and for damages. Plaintiff appeals the grant of summary judgment in favor of defendant. We reverse.
This record supports the presence of a question of fact for the jury as to whether or not plaintiff Hendrix signed the promissory note for $14,000 held by Kicklighter.
Judgment reversed. All the Justices concur.