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SYSTEMS CONSULTANTS, INC. v. ENG ENTERPRISES, INC. et al.
45821.
QUILLIAN, Judge.
Action on account. Fulton Civil Court. Before Judge Webb.
The appellant tiled a claim against the appellee on an account and the appellee filed a counterclaim. The trial judge, hearing the case without the intervention of a jury. found for the appellee on its counterclaim in the amount of $1,000 which was the amount of its down payment on the purchase price. The appellant filed an appeal to this court and the case is here for review. Held:
There was evidence that the appellee purchased a system. consisting of several components, which was supposed to expedite order-taking and food preparation in a fast-food franchise operation.
The evidence, while in conflict, would support a finding that: the system would not function to meet the special purpose of the appellee; the appellant had stated that the system would be suitable for these purposes; the appellee notified the appellant within a reasonable time after the acceptance that the system was not performing properly; the appellee attempted to negotiate a settlement with the appellant; after negotiations failed, the appellee asserted a revocation of the acceptance. Under these circumstances, the evidence supported the verdict. Code Ann. 109A-2- 607 (3 a) (Ga. L. 1962, pp. 156. 215); Code Ann. 109A-2-608 (Ga. L. 1962, pp. 156, 216); Code Ann. 109A-2 711 (Ga. L. 1962, pp. 156, 228); Duesenberg-King, Sales & Bulk Transfers under UCC. Vol. 3, 14.02 [21 [i]. p. 14-20. See in this connection. Trailmobile Div. of Pullman, Inc. v. Jones, 118 Ga. App. 472, 474 (164 SE2d 346); Warren's Kiddie Shoppe v. Casual Slacks, Inc., 120 Ga. App. 578, 581 (171 SE2d 643).
Fine & Block, Craig R. Goodman, for appellees.
Dunaway, Shelfer, Haas & Newberry, Bruce B. Weddell, for appellant.
ARGUED JANUARY 7, 1971 -- DECIDED APRIL 9, 1971.
Friday May 22 16:17 EDT


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