Nat'l Chemco, Inc. v. Union Camp Corp., 433 S.E.2d 691 (Ga. Ct. App. 1993). · Go Syfert
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Nat'l Chemco, Inc. v. Union Camp Corp., 433 S.E.2d 691 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: State of West Virginia v. David Gilbert Riffle (wva, 2022-06-07)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) State of West Virginia v. David Gilbert Riffle
W. Va. · 2022 · confidence medium
The defendant in Varlas 11 appealed the sentencing order on the ground that it “violat[ed] this Court’s precedent prohibiting harsher penalties upon reconviction post-appeal[.]” Id. at 450, 433 S.E.2d at 691.
discussed Cited as authority (rule) Smith v. Direct Media Corp.
Ga. Ct. App. · 2001 · confidence medium
Chemco v. Union Camp Corp., 209 Ga. App. 317, 318 ( 433 SE2d 691 ) (1993). 6 See 20/20 Vision Center v. Hudgens, 256 Ga. 129, 134-135 (6) ( 345 SE2d 330 ) (1986). 7 OCGA § 24-4-24 (b). 8 OCGA § 24-4-27. 9 See Gainesville Glass Co. v. Don Hammond, Inc., 157 Ga. App. 640, 645 (2) ( 278 SE2d 182 ) (1981); see also Crystal Blue Granite Quarries v. McLanahan, 261 Ga. 267, 269 (3) ( 404 SE2d 266 ) (1991) (finding sufficient evidence for factfinder to determine that lessor was equitably estopped from denying existence of lease even though the parties did not execute a lease); Hood v. Duren, 33 Ga. …
cited Cited as authority (rule) Market Place Shopping Center, L.P. v. Basic Business Alternatives, Inc.
Ga. Ct. App. · 1997 · confidence medium
Chemco v. Union Camp Corp., 209 Ga. App. 317, 318 ( 433 SE2d 691 ) (1993) (party’s failure to request findings precludes review of bench trial decision).
cited Cited as authority (rule) Pecan Shoppe v. Bank of Dodge County
Ga. Ct. App. · 1995 · confidence medium
Chemco v. Union Camp Corp., 209 Ga. App. 317, 318 ( 433 SE2d 691 ) (1993).
Retrieving the full opinion text from the archive…
NATIONAL CHEMCO, INC. Et Al.
v.
UNION CAMP CORPORATION
A93A0618.
Court of Appeals of Georgia.
Jul 1, 1993.
433 S.E.2d 691
1993 Ga. App. LEXIS 871
Meadows, Ichter & Trigg, Mark G. Trigg, Lauren S. Antonino, for appellants., Stokes, Lazarus & Carmichael, Richard J. Joseph, for appellee.
Birdsong, Pope, Andrews.
Cited by 5 opinions  |  Published
Birdsong, Presiding Judge.

National Chemco, Inc. and Ivan T. Smith (collectively “Chemco”) appeal from a judgment for Union Camp Corporation, entered after a bench trial in an action for breach of contract. Smith’s liability is based on his personal guaranty of payment for purchase contracts.

The evidence shows Chemco placed two orders with Union Camp to manufacture and print bags. Union Camp accepted the orders but Chemco called to put the orders on hold; Union Camp’s representative agreed initially, but then advised Chemco the orders had been printed before they could be put on hold. Additionally, Union Camp’s witness testified that Chemco did not try to cancel the orders but instead sought to delay production.

Chemco contends, however, that the two contracts were mutually rescinded, and that the trial court erred as a matter of law by not finding that the contracts were rescinded. Held:

Although couched by Chemco as an error of law, the issue on appeal is whether, under the evidence, there were mutual rescissions of the contracts. The trial court found there were not, and now Chemco asks this court to review the evidence and reach a different result. This court, however, has no such authority. We are limited to consideration of whether the trial court’s findings are clearly erroneous and are obliged to give due regard to the trial court’s opportunity to judge the witnesses’ credibility. OCGA § 9-11-52 (a). Thus, we are bound to credit the trial court’s statement that Union Camp’s witness was the more credible.

[*318] Decided July 1, 1993. Meadows, Ichter & Trigg, Mark G. Trigg, Lauren S. Antonino, for appellants. Stokes, Lazarus & Carmichael, Richard J. Joseph, for appellee.

Therefore, the issue is whether any evidence supports the finding that there was no rescission implicit in the trial court’s judgment for Union Camp. As the finding is supported by testimony of Union Camp’s witness, we cannot disturb the judgment of the trial court. Smith v. Carlton Farms, 181 Ga. App. 743, 744 (353 SE2d 624). We cannot review any other alleged findings, for there are none preserved for appeal, Chemco having failed to move timely for issuance of findings of fact by the trial court. See OCGA § 9-11-52 (c).

Judgment affirmed.

Pope, C. J., and Andrews, J., concur.