FRIED v. MORRIS & ECKLES COMPANY

43932.

118 Ga. App. 595 (1968)

164 S.E.2d 732

FRIED v. MORRIS & ECKLES COMPANY.

Court of Appeals of Georgia.

Decided November 1, 1968.


Attorney(s) appearing for the Case

Allen & Baker, Verlyn C. Baker, James C. Abernathy, for appellant.

Lipshutz, Macey, Zusmann & Sikes, Charles C. Pritchard, for appellee.


JORDAN, Presiding Judge.

This is an action on an open account, commenced in September 1965, and defended on the basis that the "service charges" on the account are usurious, and that the plaintiff had put the defendant on a "c.o.d." basis, leaving a balance no longer recoverable because of the statute of limitation. The defendant also claims an overpayment because his payments exceed lawful charges after he was placed on a "c.o.d." basis. The claim of the plaintiff...

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