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FLEXIBLE PRODUCTS COMPANY v. LAVIN et al.
47815.
EBERHARDT, Presiding Judge.
Action for damages. Cobb State Court. Before Judge White.
Paul Lavin and Joe Zambito, d/b/a Cosmo Commercial Body Builders, brought suit against Flexible Products Company alleging breach of warranty with respect to polyurethane compounds purchased from defendant by plaintiff for use in insulation of truck bodies. Defendant counterclaimed on open account for materials, services, etc. Verdict and judgment were in plaintiff's favor, and defendant appeals. Held:
App. 360 (2a) (173 SE2d 744).
2. Defendant complains that the trial court instructed the jury on only two forms of verdict, one for the plaintiff for "blank dollars," and one for the defendant for "blank dollars," but did not instruct the jury that they might find in favor of defendant without awarding it a sum of money. However, the record shows otherwise, as the court instructed the jury that "if you reach the conclusion that the plaintiff is not entitled to recover from the defendant in any sum and that the defendant is not entitled to recover from the plaintiff in any sum, that would be the end of your deliberations and you would return a verdict in favor of the defendant, period."
3. Enumeration of error number 1 is not supported by argument or citation of authority and is deemed abandoned. Rule 18 (c) (2), this court; Howard v. State Highway Dept., 117 Ga. App. 280, 283 (160 SE2d 204). Accord: Varnadoe v. Housing Authority &c. of Doerun, 21 Ga. 467, 468 (1) (145 SE2d 493); Abrams v. State, 223 Ga. 216 (6) (154 SE2d 443).
Ingram, Flournoy, Downey & Cleveland, R. Kelly Raulerson, for appellees.
Custer, Smith & Manning, John R. Manning, Lawrence B. Custer, for appellant.
SUBMITTED JANUARY 12, 1973 -- DECIDED FEBRUARY 5, 1973.
Friday May 22 13:14 EDT


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