Legal Opinion

Textile Rubber & Chemical Co. v. Thermo-Flex Technologies, Inc.

Court of Appeals of Georgia

Decided December 9, 2009No. A09A2178PublishedCited by 9 opinions

1Opinion of the Court

Blackburn, Presiding Judge.

In this breach of contract action, Textile Rubber & Chemical Company appeals the summary judgment granted to Thermo-Flex Technologies arising out of Textile’s anticipatory breach of its contract with Thermo-Flex. We hold that the evidence is undisputed that Textile breached the contract by its anticipatory actions and that judgment in the amount of $500,000 (plus interest) was properly entered. However, because the other $1.5 million due under the contract was to be paid out of a percentage of Textile’s divisional net profits (after net income had reached a certain…

2Cases cited9 opinions

  1. Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
  2. Jinright v. RussellCourt of Appeals of Georgia · 1971
  3. James E. Warren, M.D., P.C. v. Weber & Warren Anesthesia Services, LLCCourt of Appeals of Georgia · 2005
  4. Coffee Butler Service, Inc. v. SachaSupreme Court of Georgia · 1988
  5. J. M. Clayton Co. v. MartinCourt of Appeals of Georgia · 1985

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3Cited by9 opinions

  1. Atlantech Incorporated v. American Panel CorporationCourt of Appeals for the First Circuit · 2014
  2. Caradigm USA LLC v. Pruithealth, Inc.Court of Appeals for the Eleventh Circuit · 2020
  3. Textile Rubber & Chemical Co. v. Thermo-Flex Technologies, Inc.Court of Appeals of Georgia · 2011
  4. Sandra Jackson Sheppard v. Bank of America, NACourt of Appeals for the Eleventh Circuit · 2013
  5. Tri-State Consumer Insurance v. Lexisnexis Risk Solutions, Inc.District Court, N.D. Georgia · 2012

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