BENCHMARK CARPET MILLS v. FIBER INDUSTRIES

67202.

168 Ga. App. 932 (1983)

311 S.E.2d 216

BENCHMARK CARPET MILLS, INC. v. FIBER INDUSTRIES, INC.

Court of Appeals of Georgia.

Decided November 21, 1983.


Attorney(s) appearing for the Case

Shepherd L. Howell, David G. Archer, for appellant.

H. Wayne Phears, for appellee.


BIRDSONG, Judge.

Summary Judgment — Fair Business Practices Act. In October, 1979, Fiber Industries, Inc., through its selling agent Celanese Fibers Marketing Company, entered into an agreement with Benchmark to sell Benchmark carpet yarn of a particular quality, one being Fortrel, a trade name for polyester belonging to Celanese, and the other a continuous dye nylon filament. Benchmark considered these two yarns of such a unique character and quality that...

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