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ROGER BUDD &c. CO. v. FIRST STATE BANK

55217.

145 Ga. App. 167 (1978)

243 S.E.2d 332

ROGER BUDD CHEVROLET COMPANY v. FIRST STATE BANK & TRUST COMPANY.

Court of Appeals of Georgia.

Decided March 7, 1978.

Attorney(s) appearing for the Case

Tillman, Brice, McTier, Coleman & Talley, John T. McTier, for appellant.

Perry, Walters, Lippitt & Custer, C. Richard Langley, for appellee.

BELL, Chief Judge.

First State Bank brought this action against Roger Budd Chevrolet Company in two counts alleging negligence and breach of warranty. Defendant answered, denying the material allegations and alleged that plaintiff was contributorily negligent. The evidence at trial showed that a third party Cupstid entered into a loan contract with plaintiff bank for the purchase of an automobile from the defendant. Plaintiff issued a draft in

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