Systems Consultants, Inc. v. Eng Enterprises, Inc.

Court of Appeals of Georgia

Systems Consultants, Inc. v. Eng Enterprises, Inc.

182 S.E.2d 188, 123 Ga. App. 641, 9 U.C.C. Rep. Serv. (West) 464, 1971 Ga. App. LEXIS 1328

CourtCourt of Appeals of Georgia

DecidedApril 9, 1971

Docket45821

StatusPublished

This text of 182 S.E.2d 188 (Systems Consultants, Inc. v. Eng Enterprises, 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.

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Systems Consultants, Inc. v. Eng Enterprises, Inc., 182 S.E.2d 188, 123 Ga. App. 641, 9 U.C.C. Rep. Serv. (West) 464, 1971 Ga. App. LEXIS 1328 (Ga. Ct. App. 1971).

Pincite

Opinion

Quillian, Judge.

The appellant filed 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 [2] [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).

Judgment affirmed.

Jordan, P. J., and Evans, J., concur. *642 Argued January 7, 1971 Decided April 9, 1971. Dunaway, Shelfer, Haas & Newberry, Bruce B. Weddell, for appellant. Fine & Block, Craig R. Goodman, for appellees.

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Quillian, Judge.

The appellant filed 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 [2] [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).

Judgment affirmed.

Jordan, P. J., and Evans, J., concur. *642 Argued January 7, 1971 Decided April 9, 1971. Dunaway, Shelfer, Haas & Newberry, Bruce B. Weddell, for appellant. Fine & Block, Craig R. Goodman, for appellees.

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182 S.E.2d 188, 123 Ga. App. 641, 9 U.C.C. Rep. Serv. (West) 464, 1971 Ga. App. LEXIS 1328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/systems-consultants-inc-v-eng-enterprises-inc-gactapp-1971.

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