GRIFFITHS v. PHENIX SUPPLY CO.

A89A0797.

192 Ga. App. 651 (1989)

385 S.E.2d 789

GRIFFITHS et al. v. PHENIX SUPPLY COMPANY, INC.

Court of Appeals of Georgia.

Decided September 5, 1989.


Attorney(s) appearing for the Case

Kearns & Reeves, Charles F. Reeves, for appellants.

Powell, Goldstein, Frazer & Murphy, Jerry B. Blackstock, William M. Ragland, Jr., for appellee.


McMURRAY, Presiding Judge.

Plaintiff Phenix Supply Company, Inc., brought this suit on an account against defendants Griffiths and Olsen, in the State Court of Cobb County. Answering the complaint, defendants pleaded, inter alia, novation. Additionally, defendants asserted a counterclaim against plaintiff seeking damages for abusive litigation.

Following the entry of a pre-trial order, the case was tried by the court sitting without a jury. It was stipulated...

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