American Warehouse & Moving Service of Atlanta, Inc. v. Floyd's Diesel Service, Inc.

Carley, Judge.

Appellant-plaintiff is in the moving and transfer business and owns diesel trucks. Appellee-defendant is in the business of repairing and servicing diesel trucks. As a part of its business, appellee both rebuilds diesel engines and also sells rebuilt diesel engines. In other words, appellee repairs and rebuilds diesel engines which its customers already own and appellee also sells newly rebuilt diesel engines to its customers as a total replacement component for their vehicles.

Appellant began to experience mechanical difficulties with the engine in one of its trucks. The truck…