American Spacers, Ltd. v. Ross

Quillian, Presiding Judge.

C C Financial, Inc. brought this action against Howard Ross individually, and doing business as R & H Carpet Sales to recover deficiencies arising out of an accounts receivable factoring agreement. Ross defended on the ground that C C Financial had failed to carry out its obligations as a factor. The jury returned a verdict for Ross and this Court affirmed. American Spacers, Ltd. v. Ross, 164 Ga. App. 341 (296 SE2d 176). On certiorari, the Supreme Court reversed, holding that OCGA § 44-12-75 (Code Ann. § 12-401) which applies to the “[e]xercise of discretion by [a]…