GOLD KIST v. STOKES

50657.

135 Ga. App. 382 (1975)

217 S.E.2d 352

GOLD KIST, INC. v. STOKES.

Court of Appeals of Georgia.

Decided June 2, 1975.

Rehearing Denied July 10, 1975.


Attorney(s) appearing for the Case

Alston, Miller & Gaines, R. H. Reeves, III, James S. Stokes, IV, for appellant.

Harry H. Hunter, for appellee.


DEEN, Presiding Judge.

Gold Kist, Inc. sued Stokes for damages for failure to deliver certain lots of soy beans in accordance with contract provisions. Stokes defended on the ground that, after the time for delivery had passed, and also after a delivery had been refused, the beans which he could otherwise have delivered had been damaged by fire and their subsequent tender had been refused on this ground, which, under contract provisions, limited his liability. The...

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