Insilco Corporation v. First National Bank, Dalton

Full title: INSILCO CORPORATION v. FIRST NATIONAL BANK OF DALTON

Court: Court of Appeals of Georgia

Date published: Feb 5, 1982

289 S.E.2d 824 (Ga. Ct. App. 1982)

289 S.E.2d 824

Opinion

60628.

DECIDED FEBRUARY 5, 1982.

Breach of contract. Whitfield Superior Court. Before Judge Temples.

Ronald R. Womack, for appellant.

Carlton McCamy, for appellee.

DEEN, Presiding Judge.

The decision of the Court of Appeals in this case having been reversed by the Supreme Court ( Insilco Corp. v. First National Bank of Dalton, 248 Ga. 322 ( 283 S.E.2d 262) (1981)), the judgment in Insilco Corp. v. First National Bank of Dalton, 156 Ga. App. 382 ( 274 S.E.2d 767) (1980) is vacated and the decision of the Supreme Court is hereby adopted.

The trial court erred in dismissing the plaintiff's complaint, as Counts 2 and 3 of the complaint set out a claim upon which relief may be granted.

Judgment reversed. Birdsong and Sognier, JJ., concur.

DECIDED FEBRUARY 5, 1982.