BUCK CREEK IND. v. CRUTCHFIELD & CO.

49664, 49665.

133 Ga. App. 80 (1974)

210 S.E.2d 32

BUCK CREEK INDUSTRIES, INC. v. CRUTCHFIELD & COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided October 18, 1974.


Attorney(s) appearing for the Case

McDonald, McDonald & McDonald, E. Crawford McDonald, for appellant.

Pittman, Kinney, Kemp, Pickell & Avrett, H. E. Kinney, for appellee.


DEEN, Judge.

Buck Creek Industries, Inc. filed suit in the Superior Court of Whitfield County, Georgia, for $35,529.64 based on an open account plus 7% interest from the due date. The defendant, Crutchfield and Company, answered, denying any amount due, and setting up the defense of partial failure of consideration in that the yarn which constituted the basis for the account was defective and much of it had to be used in manufacturing carpeting which had to be sold...

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