Federal Insurance Co. v. Oakwood Steel Co.

Eberhardt,

Presiding Judge, concurring. While I concur in the judgment and in the opinion, I do think it well to recall that if there are matters in the affidavit which, on *482their face, constitute hearsay, unsupported conclusions, opinions, or if it sets forth facts which would not be admissible in evidence on a trial of the case, these are to be disregarded in determining whether a summary judgment should be granted or denied. They raise no issue, whether a ruling is invoked thereon or not. Varnadoe v. State Farm Mut. Auto. Ins. Co., 112 Ga. App. 366 (1) (145 SE2d 104); Benefield v. Malone, 112 Ga. App. 408 (2) (145 SE2d 732); Bussie v. Wilson, 114 Ga. App. 298 (3) (151 SE2d 186); Cooper v. Brock, 117 Ga. App. 501 (3) (161 SE2d 75); Chandler v. Gately, 119 Ga. App. 513 (10) (167 SE2d 697); Short & Paulk Supply Co. v. Dykes, 120 Ga. App. 639, 644 (171 SE2d 782); Hancock v. Hancock, 223 Ga. 481, 487 (156 SE2d 354); Eaton Yale & Towne, Inc. v. Strickland, 228 Ga. 430, 435 (185 SE2d 923); Harrison v. Tuggle, 225 Ga. 211 (2) (167 SE2d 395). It may be noted too, that if the affidavit contains facts which would be admissible in evidence, and which are such as are obviously of personal knowledge, failure to so assert in the affidavit will not require disregard of them. Central Chevrolet, Inc. v. Lawhorn, 120 Ga. App. 650 (2) (171 SE2d 774), and this is particularly true when no objection as to the form of the affidavit was made in the trial court. Wakefield v. A. R. Winter Co., 121 Ga. App. 259, 264 (174 SE2d 178); Aetna Cas. &c. Co. v. Cowan Supply Co., 125 Ga. App. 155, 157 (186 SE2d 556).