Revlon, Inc. v. Hagood Pharmacy, Inc., 119 Ga. App. 747, 168 S.E.2d 649 (1969)
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Summary
Judgment affirmed. Jordan, P. J., and Whitman, J., concur.
Summary
Judgment affirmed. Jordan, P. J., and Whitman, J., concur.
Text
Crowe & Martin, Arthur L. Crowe, Jr., for appellee.Powell, Goldstein, Frazer & Murphy, Frank Love, Jr., David R. Aufdenspring, for appellant.
The defendant appeals from a judgment overruling its motion to dismiss the plaintiff's complaint.
The complaint alleged that the plaintiff was the owner and operator of a retail drug store, and that the defendant breached a pleaded "Retail Franchise Agreement" between the parties, and alleged further: The defendant refused to offer to the plaintiff a new, highly profitable and prestigious line of cosmetics, which it offered to the plaintiff's competitors. The defendant shipped large quantities of merchandise which the plaintiff had not ordered, overstocking the plaintiff, ignored the petitioner's requests to stop shipments and notices that the plaintiff would not accept deliveries and would not pay for the merchandise. The plaintiff shipped a huge amount of the merchandise back to the defendant. Thereafter the defendant failed to fill orders given by the plaintiff to the defendant's salesman and failed to give the plaintiff credit for the returned merchandise. In a telephone conversation the agent of the defendant informed the agent of the plaintiff that the franchise had been canceled. The defendant billed the plaintiff for merchandise for $1,110.32. Thereafter the defendant issued a credit memorandum to the plaintiff for $1,440.08. The defendant owes the plaintiff $333.76 more than the plaintiff owes the defendant, and continues to harass the plaintiff for payment and refuses to pay the plaintiff said sums.
The complaint does not show that the defendant breached any enforceable obligation contained in the agreement. Pierson v. General Pulpwood Corp.,
1969
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