Goldkist, Inc. v. Brownlee
Court of Appeals of Georgia
1Opinion of the Court
Beasley, Judge.
The question is whether the two defendant farmers, who as a *288partnership both grew and sold their crops, were established by the undisputed facts as not being “merchants” as a matter of law, according to the definition in OCGA § 11-2-104 (1). We are not called upon here to consider the other side of the coin, whether farmers or these farmers in particular are “merchants” as a matter of law.1
In November 1983, Goldkist sued under OCGA § 11-2-712 for losses arising out of the necessity to cover a contract for soybeans. It produced a written confirmation dated July 22 for 5,000…
2Cases cited16 opinions
- Decatur Cooperative Association v. UrbanSupreme Court of Kansas · 1976
- Cook Grains v. FallisSupreme Court of Arkansas · 1965
- Nelson v. Union Equity Co-Operative ExchangeTexas Supreme Court · 1977
- Lish v. ComptonUtah Supreme Court · 1976
- Bicknell v. JOYCE SPORTSWEAR COMPANYCourt of Appeals of Georgia · 1985
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3Cited by2 opinions
- Brooks Cotton Company, Inc. v. Bradley F. WilliamsCourt of Appeals of Tennessee · 2012
- Goldkist, Inc. v. BrownleeCourt of Appeals of Georgia · 1987