Embryo Progeny Associates v. Lovana Farms, Inc.

416 S.E.2d 833 (1992)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
E
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Embryo Progeny Associates v. Lovana Farms, Inc.

Georgia Court of Appeals
416 S.E.2d 833 (1992)

Facts

In 1982, Embryo Progeny Associates (Embryo) (plaintiff) leased a herd of seven breeding cattle from Lovana Farms, Inc. (Lovana) (defendant). Under the contract, Lovana was to breed the herd via artificial insemination with embryos. A subsequent maintenance agreement was executed, requiring that Lovana maintain the offspring until they could be weaned from the herd. Per the contracts, Embryo was the owner of the cow embryos and any offspring produced. In 1985, Lovana and Embryo executed a mutual-release agreement, which released all claims arising out of the previous contracts and contained a list of offspring that were to be shipped to Embryo. In 1986, Embryo alleged that Lovana’s shipment of the offspring did not contain all the cattle listed. Thus, in 1991, Embryo brought suit for breach of contract against Lovana. Lovana filed a motion for summary judgment, alleging that the suit was barred by the statute of limitations for sales of goods under the Uniform Commercial Code. The trial court granted the motion. Embryo appealed, arguing that the six-year statute of limitations for service contracts applied.

Rule of Law

Issue

Holding and Reasoning (Andrews, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Animal Law

Key Terms