KEY CAPITAL CORP. v. AVERY

45743.

259 Ga. 133 (1989)

376 S.E.2d 886

KEY CAPITAL CORPORATION v. AVERY.

Supreme Court of Georgia.

Decided March 16, 1989.


Attorney(s) appearing for the Case

Stokes, Lazarus & Carmichael, William K. Carmichael, John R. Hunt, for appellant.

McLeod & Associates, G. Kennedy McLeod, for appellee.

Long, Aldridge & Norman, W. Stell Huie, amicus curiae.


BELL, Justice.

This case arises from a contract for the lease of a 1984-model car between the lessee, Linda Avery, and the lessors, Key Capital Corporation and Spreen Leasing, Inc. After entering into the lease, Avery discovered that the car the lessors delivered to her was actually a 1983 model. She sued the lessors for damages on theories of fraud and breach of contract. The trial court granted summary judgment to Key Capital on both claims, but the Court of Appeals...

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