(DOWNLOAD) "Southern Intermodal Logistics v. Smith" by Court of Appeals of Georgia # Book PDF Kindle ePub Free
eBook details
- Title: Southern Intermodal Logistics v. Smith
- Author : Court of Appeals of Georgia
- Release Date : January 03, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Southern Intermodal Logistics, Inc., brought suit against Smith & Kelly Company alleging breach of contract and fraud
arising out of a contract for hauling services. The trial court granted summary judgment to Smith & Kelly, and Southern
Intermodal appeals. The record reveals that appellant is engaged in the business of hauling containerized cargo from the ports of Savannah and
Charleston to inland destinations. Appellee is an agent for shipping lines, and in that capacity its duties include procuring
hauling services for its shipping line customers. William A. Thompson, Jr., appellant's regional sales manager, testified
by deposition that he contacted Kathleen D'Amaral, equipment control manager for appellee, on April 1, 1986 regarding potential
business, and they agreed appellant would provide hauling services for Prudential Lines, Inc., between Warner Robins and Charleston.
There is no dispute that Prudential was experiencing financial difficulties at the time, that another hauling company, Controlled
Distribution Services (CDS), had terminated its operations for Prudential because of nonpayment, and that appellant was aware
that appellee was acting solely as an agent for Prudential. Thompson testified that in this initial conversation D'Amaral
informed him only that Prudential, like most steamship lines, was slow to pay its bills, and that he would not have accepted
the account if he had known that CDS had just cancelled its Prudential contract for nonpayment. D'Amaral, however, testified
that she informed Thompson of CDS's action, and that Prudential's financial problems were "common knowledge" in the shipping
industry.
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