PLYMOUTH RECORD CORP. v. BOOKS, INC.

35824.

92 Ga. App. 753 (1955)

90 S.E.2d 336

PLYMOUTH RECORD CORPORATION v. BOOKS, INCORPORATED.

Court of Appeals of Georgia.

Rehearing Denied October 13, 1955.


Attorney(s) appearing for the Case

Julian E. Gortatowsky, Willingham, Gortatowsky & Morrison, for plaintiff in error.

Arnold S. Kaye, Harold Karp, contra.


TOWNSEND, J.

1. Since the defendant's plea of set-off specifically alleged that the exclusive sales-agency agreement was in full force and effect on March 17, the date of the alleged breach by plaintiff in selling its products to J. M. High Company, and further alleged that plaintiff breached its agreement by selling records to such competitor on that day, the plea was not subject to the general demurrer interposed. The written contract pleaded by the defendant, in...

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