Georgia Timberlands, Inc. v. Southern Airway Co.

Pannell, Judge.

This case involves appeals from the denial of motions for summary judgment of the plaintiff and defendant in an action by the plaintiff against the defendant for an alleged breach of warranty in the purchase of a used airplane by plaintiff from the defendant. The action was brought in two counts, the first count being upon an alleged implied warranty as to merchantability and the second count upon an express warranty. The defendant denied the material allegations of the complaint and counterclaimed for a balance due for repairs of the airplane occurring as the result of the…