Hawes v. National Service Industries, Inc.

Court of Appeals of Georgia

Hawes v. National Service Industries, Inc.

180 S.E.2d 920, 123 Ga. App. 383, 1971 Ga. App. LEXIS 1232

CourtCourt of Appeals of Georgia

DecidedFebruary 25, 1971

Docket45109, 45122

StatusPublished

This text of 180 S.E.2d 920 (Hawes v. National Service Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawes v. National Service Industries, Inc., 180 S.E.2d 920, 123 Ga. App. 383, 1971 Ga. App. LEXIS 1232 (Ga. Ct. App. 1971).

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Opinion

Jordan, Presiding Judge.

In National Service Industries v. Hawes, 227 Ga. 221 (179 SE2d 765), the Supreme Court affirmed the judgment of this court in Hawes v. National Service Industries, 121 Ga. App. 775 (175 SE2d 34), with direction for clarification of the opinion with reference to the application of Sec. 4 of the Sales and Use Tax Act, in effect before February 19, 1965, Ga. L. 1951, pp. 360, 370, §4.

The statement appearing in Division 3 of the opinion of this court, cited supra, as quoted in the opinion of the Supreme Court, cited supra, was not intended to mean that the exclusion would apply to property purchased from sellers in Georgia, e.g., the transactions shown in Category B, even though at all times the property was designated for shipment outside of Georgia. In this respect it should be noted that the opinion of this court refers to property produced in Georgia, not to property purchased in Georgia.

The views as expressed herein are intended to clarify the meaning of the original opinion so as to eliminate any susceptibility of construction contrary to the views expressed by the Supreme Court, and to comply with the direction of that court.

Eberhardt and Pannell, JJ., concur.

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Jordan, Presiding Judge.

In National Service Industries v. Hawes, 227 Ga. 221 (179 SE2d 765), the Supreme Court affirmed the judgment of this court in Hawes v. National Service Industries, 121 Ga. App. 775 (175 SE2d 34), with direction for clarification of the opinion with reference to the application of Sec. 4 of the Sales and Use Tax Act, in effect before February 19, 1965, Ga. L. 1951, pp. 360, 370, §4.

The statement appearing in Division 3 of the opinion of this court, cited supra, as quoted in the opinion of the Supreme Court, cited supra, was not intended to mean that the exclusion would apply to property purchased from sellers in Georgia, e.g., the transactions shown in Category B, even though at all times the property was designated for shipment outside of Georgia. In this respect it should be noted that the opinion of this court refers to property produced in Georgia, not to property purchased in Georgia.

The views as expressed herein are intended to clarify the meaning of the original opinion so as to eliminate any susceptibility of construction contrary to the views expressed by the Supreme Court, and to comply with the direction of that court.

Eberhardt and Pannell, JJ., concur.

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180 S.E.2d 920, 123 Ga. App. 383, 1971 Ga. App. LEXIS 1232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawes-v-national-service-industries-inc-gactapp-1971.

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