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CLEVELAND MOTOR CARS, INC. v. BANK OF AMERICA, N.A.

No. A08A2396.

670 S.E.2d 892 (2008)

CLEVELAND MOTOR CARS, INC. v. BANK OF AMERICA, N.A.

Court of Appeals of Georgia.

December 4, 2008.

Attorney(s) appearing for the Case

Moore, Ingram, Johnson & Steele, Amy Woo Weber, Marietta, for appellant.

Miller & Martin, William A. Dupre IV, Christopher M. Walsh, Paul M. Alexander, Atlanta, for appellee.

BLACKBURN, Presiding Judge.

In this breach of contract action based on an agreement to purchase automobile loans, defendant Cleveland Motor Cars, Inc. (CMC) appeals the grant of summary judgment to plaintiff Bank of America, N.A. Specifically, CMC contends that the trial court erred in ruling that the bank had no duty to mitigate its damages arising from CMC's breach of an express warranty. As the agreement expressly relieved...

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