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MARTIN BURKS &c. INC. v. CLAYTON &c. CO.

52772.

140 Ga. App. 464 (1976)

231 S.E.2d 478

MARTIN BURKS CHEVROLET, INC. v. CLAYTON ELECTRIC COMPANY.

Court of Appeals of Georgia.

Decided November 17, 1976.

Attorney(s) appearing for the Case

Albert B. Wallace, William R. L. Latson, for appellant.

Glaze & Glaze, George E. Glaze, for appellee.

DEEN, Presiding Judge.

1. We disagree with the appellant's contention that the jury verdict necessarily implied a finding that they rejected the plaintiff's theory of rescission of the contract. The plaintiff testified positively that he did rescind the contract and return the truck; the defendant refused to accept it and ordered it removed from the premises, and he then stored it on his own. The jury therefore apparently...

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