Dromedary, Inc. v. RESTAURANT EQUIPMENT MANUFACTURING COMPANY, INC.

Quillian, Presiding Judge.

In an action on an account the defendant appeals from the grant of plaintiffs motion for summary judgment. In answer to plaintiffs complaint the defendant merely denied the material allegations thereof. However, when plaintiff moved for summary judgment based on affidavits sustaining its right to recover, the defendant filed an affidavit by its president, who testified the material purchased on the account was to be installed in a restaurant. For the first time, the defendant raised the issue that the equipment was "improperly and defectively manufactured, assembled…