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CHEMETRON CORP. v. SOUTHERN NITROGEN CO.

38340.

102 Ga. App. 577 (1960)

117 S.E.2d 180

CHEMETRON CORPORATION v. SOUTHERN NITROGEN COMPANY, INC.

Court of Appeals of Georgia.

Rehearing Denied October 18, 1960.

Attorney(s) appearing for the Case

Moise, Post & Gardner, Connerat, Dunn, Hunter, Cubbedge & Houlihan, Ormonde Hunter, Kirkland, Ellis, Hodson, Chaffetz & Masters, Thomas M. Thomas, for plaintiff in error.

Bouhan, Lawrence, Williams, Levy & McAlpin, Alex A. Lawrence, Sullivan & Cromwell, William Piel, Jr., contra.

BELL, Judge.

Under the view we take of this dispute, the first essential matter to be determined is the question as to whether this appeal is prematurely brought. Stated most succinctly, the action and cross-action between the parties is for breach of a mutual contract. The plaintiff claims damages for its breach, and the defendant counter-claims for damages for breach plus some claims of setoff. In so far as it is relevant...

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