Hawes v. Higgins-McArthur Co.

Jordan, Presiding Judge.

As argued before this court the defendant insists that the trial court erred because genuine issues of fact exist with respect to (1) whether the plaintiff sold lithoplates to its printing customers, (2) whether the plaintiff purchased lithoplates for resale as opposed to a purchase for use in its business, and (3) whether the purchase price paid by the plaintiff is solely for lithoplates or includes other items.

Undercofler v. Foote & Davies, Inc., 115 Ga. App. 341 (154 SE2d 454), involves a substantially identical factual situation as the cases sub judice, but the…