Georgia Court of Appeals, 1978

Shuniak v. AAA Well Drilling & Boring Co.

Georgia Court of Appeals · Decided July 14, 1978 · Smith

146 Ga. App. 785; 247 S.E.2d 601; 1978 Ga. App. LEXIS 2531

Opinion of the Court

Smith, Judge.

Appellant, characterizing his suit as one for breach of warranty, contends that, because he had introduced evidence indicating there were defects in a well drilling machine he bought from appellee and because he had introduced evidence indicating those defects constituted a warranty breach, the trial court erred in directing a verdict against him. We disagree with appellant’s *786contention and affirm the trial court, as appellant failed to produce evidence to show damages in accordance with UCC § 2-714 (Ga. L. 1962, pp. 156, 230) (Code Ann. § 109A-2 — 714). Carr v. Jacuzzi Bros., 133 Ga. App. 70 (210 SE2d 16) (1974).

Submitted June 29,1978 Decided July 14, 1978. Bates, Baum & Landey, Stanley M. Baum, for appellant. Rhymer & Brock, William Rhymer, for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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