Key Capital Corp. v. Avery

Bell, Justice.

This case arises from a contract for the lease of a 1984-model car between the lessee, Linda Avery, and the lessors, Key Capital Corporation and Spreen Leasing, Inc. After entering into the lease, Avery discovered that the car the lessors delivered to her was actually a 1983 model. She sued the lessors for damages on theories of fraud and breach of contract. The trial court granted summary judgment to Key Capital on both claims, but the Court of Appeals reversed the judgment, Avery v. Key Capital Corp., 186 Ga. App. 712 (368 SE2d 364) (1988). We then granted a writ of certiorari.