C. Itoh Industrial Machinery, Inc. v. Forklift Services Co.

Full title: C. ITOH INDUSTRIAL MACHINERY, INC. v. FORKLIFT SERVICES COMPANY, INC

Court: Supreme Court of Georgia

Date published: Feb 24, 1987

354 S.E.2d 159 (Ga. 1987)

256 Ga. 757

Opinion

43884.

DECIDED FEBRUARY 24, 1987. RECONSIDERATION DENIED MARCH 11, 1987.

Certiorari to the Court of Appeals of Georgia — 180 Ga. App. 125.

Lamb Assoc., Michael A. Dominy, Melody R. Hennick, for appellant.

Oliver, Duckworth, Sparger Winkle, Kevin W. Sparger, for appellee.

HUNT, Justice.

We granted certiorari to the Court of Appeals' opinion in C. Itoh Industrial Machinery v. Forklift Services Co., 180 Ga. App. 125 ( 348 S.E.2d 551) (1986). After a thorough examination of the record in this case, we agree with the majority of the Court of Appeals that the evidence supports the trial court's finding that C. Itoh Industrial Machinery, Inc., the plaintiff at trial, conducted a commercially unreasonable sale of the secured property in question. Accordingly, we affirm the Court of Appeals' opinion affirming the trial court's dismissal of Itoh's claim for a deficiency judgment.

Judgment affirmed. All the Justices concur.

HUNT, Justice.

DECIDED FEBRUARY 24, 1987 — RECONSIDERATION DENIED MARCH 11, 1987.