Miller v. Economy Trading & Liquidating, Inc.

Benham, Judge.

This action arises out of an agreement by appellant to purchase water-damaged yarn from a salvage company. In August 1987, a flood in the carpet mill of Queen Carpet of Dalton damaged a substantial amount of yarn. Tests conducted by an underwriting salvage firm and Queen Carpet revealed that the average excess moisture was 6.8 percent for the spun yarn and 5.1 percent for the filament yarn.

Appellee is in the business of liquidating claims in conjunction with insurance losses. It buys damaged products, then finds a market in which to sell them. Contacted about the wet yarn, and…