Murray v. Chulak , 250 Ga. 765 ( 1983 )

On Motion for Rehearing.

On motion for rehearing, Murray urges that there was no oral contract between himself and Partiss, that there were negotiations but no meeting of the minds. Murray’s testimony of record is to the contrary. Regarding the construction to be given the testimony of a party on motion for summary judgment, see Chambers v. Citizens &c. Nat. Bank, 242 Ga. 498, 502 (249 SE2d 214) (1978).

Murray also urges that Tanner v. Bell, 61 Ga. 584 (1878), is applicable here. Tanner involved a mortgage, not security deeds. See Bennett Lumber Co. v. Martin, 132 Ga. 491, 493, 495 (64 SE 484) (1909); Williams Bros. Lumber Co. v. Massey, 179 Ga. 508 (3) (176 SE 378) (1934); OCGA § 44-14-362 (6) (Code Ann. § 67-2002).

Motion for rehearing denied.