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ATWOOD v. SOUTHEAST BEDDING CO., INC.

No. A96A1948.

485 S.E.2d 217 (1997)

226 Ga. App. 50

ATWOOD et al. v. SOUTHEAST BEDDING COMPANY, INC.

Court of Appeals of Georgia.

Reconsideration Denied April 4, 1997.

Attorney(s) appearing for the Case

Robert P. McFarland, Atlanta, for appellants.

Banks, Stubbs & Neville, John R. Neville, Cumming, for appellee.

BEASLEY, Judge.

Southeast Bedding, d/b/a Loving Care, manufactures mattresses and box springs. It sued retailers Atwood and Pennington, d/b/a The Mattress Store, on open account. As both a defense and a counterclaim, Atwood and Pennington asserted breach of contract and breach of warranty on the ground that some of the merchandise Southeast shipped to them was defective. On Southeast's motion for summary judgment, the court ruled that Atwood and Pennington were barred...

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