RUBEL BAKING COMPANY v. Levitt

Deen, Judge.

This is an appeal from the denial of plaintiff’s motion for summary judgment which is reviewable by reason of the certificate of the trial court under Code Ann. § 81A-156 (h). Levitt, the defendant distributor, admitted certain items on the open account of Rubel Baking Company and denied others on the ground that the bread arrived in an unsalable condition due to the manner in which Rubel had packaged it. Levitt further counterclaimed under a written agreement under which Rubel was obligated to pay him $40 per week; the agreement was admitted by Rubel who, however, contended that…