Legal Opinion

Atwood v. Southeast Bedding Co., Inc.

Court of Appeals of Georgia

Decided March 14, 1997No. A96A1948PublishedCited by 6 opinions

1Opinion of the Court

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 *51breach 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 from any remedy due to their failure to give notice of defects that complies with OCGA § 11-2-607 (3) (a).

In one enumeration,…

2Cases cited13 opinions

  1. Fiat Auto U. S. A., Inc. v. HollumsCourt of Appeals of Georgia · 1987
  2. Jones v. Cranman's Sporting GoodsCourt of Appeals of Georgia · 1977
  3. Bennett v. Executive Benefits, Inc.Court of Appeals of Georgia · 1993
  4. Garmon v. Warehouse Groceries Food Center, Inc.Court of Appeals of Georgia · 1993
  5. Oden & Sims Used Cars, Inc. v. ThurmanCourt of Appeals of Georgia · 1983

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3Cited by6 opinions

  1. Atwood v. Southeast Bedding Co., Inc.Court of Appeals of Georgia · 1999
  2. Aqua Sun Investments, Inc. v. KendrickCourt of Appeals of Georgia · 1999
  3. BDI Distributors, Inc. v. Beaver Computer Corp.Court of Appeals of Georgia · 1998
  4. Atwood v. Southeast Bedding Co., Inc.Court of Appeals of Georgia · 1997
  5. BRIAN SIMPSON v. GREG HUSFELDCourt of Appeals of Georgia · 2022

1 more not listed; retrieve them via the Exa API.

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