Hip Pocket, Inc. v. Levi Strauss & Co., 242 S.E.2d 305 (Ga. Ct. App. 1978). · Go Syfert
Hip Pocket, Inc. v. Levi Strauss & Co., 242 S.E.2d 305 (Ga. Ct. App. 1978). Cases Citing This Book View Copy Cite
36 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: Joseph M. Still Burn Centers, Inc. v. Amfed National Insurance Company (gasd, 2010-03-31)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited as authority (quoted) Joseph M. Still Burn Centers, Inc. v. Amfed National Insurance Company (2×)
S.D. Ga. · 2010 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
where plaintiffs claim for damages is remote or speculative, summary judgment for the defendant is appropriate.
discussed Cited as authority (rule) QUALITY INVESTMENT PROPERTIES SUWANEE, LLC v. HI TECHNOLOGY CORP. F/K/A INCOMM HOLDINGS, INC.
Ga. Ct. App. · 2023 · confidence medium
QTS correctly contends that if a “plaintiff’s claim for damages is remote or speculative, summary judgment for the defendant is appropriate.”37 But as we have recognized, “[t]he rule against the recovery of vague, speculative, or uncertain damages relates more especially to the uncertainty as to cause, rather than uncertainty as to the measure or extent of the damages.”38 This is not a case where the plaintiff has failed to substantiate the amount of damages it seeks; indeed, QTS does not contend 37 The Hip Pocket v. Levi Strauss & Co., 144 Ga. App. 792, 794 (2) ( 242 SE2d 305 ) (197…
discussed Cited as authority (rule) Federal Insurance v. Westside Supply Co.
Ga. Ct. App. · 2003 · confidence medium
Westside correctly contends that if “[a] plaintiff’s claim for damage[ ] is remote or speculative, summary judgment for the defendant is appropriate. [Cit.]” The Hip Pocket v. Levi Strauss & Co., 144 Ga. App. 792, 794 (2) ( 242 SE2d 305 ) (1978).
discussed Cited as authority (rule) Stewart v. Stewart
Ga. Ct. App. · 1999 · confidence medium
An allowance for damages cannot be based on guesswork.” DeJong v. Stern, 162 Ga. App. 529, 530 (1) ( 292 SE2d 115 ), citing Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 (1) ( 232 SE2d 169 ); Hip Pocket v. Levi Strauss & Co., 144 Ga. App. 792, 794 ( 242 SE2d 305 ).
discussed Cited as authority (rule) Market Place Shopping Center, L.P. v. Basic Business Alternatives, Inc. (2×)
Ga. Ct. App. · 1997 · confidence medium
"Loss of anticipated profits which is completely conjectural is not recoverable. [Cits.]" The Hip Pocket v. Levi Strauss & Co., 144 Ga.App. 792, 794 (2), 242 S.E.2d 305 (1978).
discussed Cited as authority (rule) Excavation +, Inc. v. Candler
Ga. Ct. App. · 1993 · confidence medium
However, “[w]here plaintiffs claim for damages is remote or speculative, summary judgment for the defendant is appropriate. [Cit.]” Hip Pocket v. Levi Strauss & Co., 144 Ga. App. 792, 794 ( 242 SE2d 305 ) (1978).
discussed Cited as authority (rule) Monetti, S.P.A., and Melform U.S.A., Inc. v. Anchor Hocking Corporation
7th Cir. · 1991 · confidence medium
The Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga.App. 792, 793 , 242 S.E.2d 305, 306 (1978), is contra, but does not discuss the question and is, we think, wrong; while Impossible Electronic Techniques, Inc. v. Wackenhut Protective Systems, Inc., 669 F.2d 1026, 1034 (5th Cir.1982), on which Monetti also relies, is distinguishable from our case because there the writing was first held to satisfy the statute of frauds and only then was oral evidence admitted to clear up a detail, albeit a vital one — the identity of one of the parties!
cited Cited as authority (rule) Walton v. Datry
Ga. Ct. App. · 1987 · confidence medium
Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga. App. 792, 794 (2) ( 242 SE2d 305 ) (1978). 6.
cited Cited as authority (rule) Groover v. Dickey
Ga. Ct. App. · 1984 · confidence medium
Hip Pocket v. Levi-Strauss & Co., 144 Ga. App. 792, 794 ( 242 SE2d 305 ) (1978).
cited Cited as authority (rule) Hearn v. Old Dominion Freight Lines
Ga. Ct. App. · 1984 · confidence medium
Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga. App. 792, 793 (2) (242 SE2d *660 305) (1978).
cited Cited as authority (rule) DeJong v. Stern
Ga. Ct. App. · 1982 · confidence medium
“Loss of anticipated profits which is completely conjectural is not recoverable.” Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga. App. 792, 794 ( 242 SE2d 305 ) (1978).
cited Cited as authority (rule) Charter Medical Management Co. v. Ware Manor, Inc.
Ga. Ct. App. · 1981 · confidence medium
The Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga. App. 792, 794 ( 242 SE2d 305 ) (1978); Molly Pitcher &c. v. Central &c.
discussed Cited "see, e.g." Rowland v. Scarborough Farms, LLC (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence medium
See also Henry Cotton Mills v. Shoenig & Co., 33 Ga. App. 467, 469 (1) ( 127 SE 238 ) (1925). 6 Webster’s Third New International Dictionary (3d ed. 1976). 7 See, e.g., Hawkins v. Studdard, 136 Ga. 727 ( 71 SE 1112 ) (1911) (doctrine of reasonable time inapplicable where contract specifically provided for payment “presently,” which the court defined as “immediately”). 8 (Emphasis omitted.) Turner v. Chambers, 160 Ga. 93, 98 ( 127 SE 610 ) (1925). 9 OCGA § 11-2-703. 10 (Citation omitted.) The Hip Pocket v. Levi Strauss & Co., 144 Ga. App. 792, 794 (2) ( 242 SE2d 305 ) (1978).
discussed Cited "see, e.g." Silco, Inc. v. GWINNETT COUNTY HOSPITAL AUTHORITY (2×)
Ga. Ct. App. · 1979 · signal: see also · confidence low
See also Hip Pocket, Inc. v. Levi Strauss & Co., 144 Ga. App. 792 (2) ( 242 SE2d 305 ); Lingo v. Kirby, supra. No recoverable damages having been proved, the trial court properly granted defendant’s motion for a directed verdict.
Retrieving the full opinion text from the archive…
The HIP POCKET, INC.
v.
LEVI STRAUSS & COMPANY Et Al.
54931.
Court of Appeals of Georgia.
Jan 26, 1978.
242 S.E.2d 305
1978 Ga. App. LEXIS 1789
Crowe & Manheim, Alan C. Manheim, for appellant., Kidd, Pickens & Tate, Charles M. Kidd, for appellees.
Deen, Smith, Banke.
Cited by 18 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: S.D. Georgia (2)
Deen, Presiding Judge.

The Hip Pocket, Inc. (The Hip Pocket), brought an action against Levi Strauss & Company (Levi Strauss), alleging that The Hip Pocket had entered into a valid contract with Levi Strauss wherein it was agreed that defendant would sell its merchandise to The Hip Pocket in accordance with orders placed with defendant on a credit payment basis and that Levi Strauss breached its contract causing plaintiff to be damaged in the sum of $100,000. The Hip Pocket appeals from the trial court’s order granting Levi Strauss’ motion for summary judgment.

1. In his deposition and affidavit opposing summary judgment, plaintiffs president admits that there was no written contract between the parties, but contends that he entered into an oral agreement on April 3, 1974, with representative of Levi Strauss wherein plaintiff was to operate a "Levi’s only” store and it was agreed that he had a limit of $40,000 to spend on its initial inventory order. He claims, however, that he was shipped $89,682.61 worth of goods which were not merchantable and that the mixture of goods was not distributed among the various Levi Strauss divisions as he requested. He claims that defendant placed his account on a "red alert” basis when he was unable to pay his account. As a result, Levi Strauss refused to ship him further merchandise and he claims that these actions by defendant resulted in the failure of his business. He admits, however, that he requested sales representatives of defendant to place his initial order because he had been out of the retail clothing business for two and one-half years, and that he did not complain to the company about the overshipments or refuse any merchandise for several months. Instead, he chose to accept the garments, price them, and place them for sale in the store. In support of his. contention that he had[*793] entered into a valid contract with defendant, plaintiff offers several letters and order confirmations as evidence.

"On a motion for summary judgment the burden of establishing the non-existence of any genuine issue of fact is upon the moving party and all doubts are to be resolved against the movant. The movant has that burden even as to issues upon which the opposing party would have the trial burden, and the moving party’s papers are carefully scrutinized, while the opposing party’s papers, if any, are treated with considerable indulgence. [Cits.]” Ham v. Ham, 230 Ga. 43, 45 (195 SE2d 429). Defendant raises the Statute of Frauds as a defense to plaintiffs claim that the parties entered into a valid contract. Code Ann. § 109Á-2 — 201, however, requires only "some writing sufficient to indicate that a contract for sale has been made. ” It is therefore a jury question as to whether the documents offered by plaintiff satisfy the codal requirements. Levi Strauss’ defense that an accord and satisfaction has taken place as to any claim of the plaintiff is likewise a jury question. Defendant’s claim of failure or lack of consideration for the alleged contract would also be a matter of fact for jury determination.

2. We cannot agree, however, with plaintiffs contention that it only needs to show one issue of material fact to get its case before the jury. Although the opposing party is given the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence, the moving party is entitled to a judgment as a matter of law only if there is no genuine issue as to any material fact. Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442). Nevertheless, Code Ann. § 81A-156 (e) requires that "When a motion for summary judgment is made . . ., an adverse party may not rest . . . [on] his pleading, but his response... must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.” (Emphasis supplied.) "It is thus seen that it is the duty of each party at the hearing on the motion for summary judgment to present his case in full. [Cits.]” Summer-Minter & Assoc. v. Giordano, 231 Ga. 601, 604 (203 SE2d 173). There is nothing in the record to indicate the extent of plaintiffs alleged damages other[*794] than the president’s speculation that his business should have earned $150,000 during its first year of operation and one of defendant’s employee’s speculation that such a business might earn $250,000. In his deposition, plaintiffs president admits that the claim for damages is not ascertainable and at best is speculative. Loss of anticipated profits which is completely conjectural is not recoverable. Code Ann. § 20-1406; Radlo of Ga. v. Little, 129 Ga. App. 530 (199 SE2d 835). Where plaintiffs claim for damages is remote or speculative, summary judgment for the defendant is appropriate. Trawick v. Trax, Inc., 136 Ga. App. 62 (220 SE2d 70).

Argued January 3, 1978 Decided January 26, 1978 Rehearing denied February 14, 1978 Crowe & Manheim, Alan C. Manheim, for appellant. Kidd, Pickens & Tate, Charles M. Kidd, for appellees.

Judgment affirmed.

Smith and Banke, JJ., concur.