Embryo Progeny Associates v. Lovana Farms, Inc.

416 S.E.2d 833 (1992)

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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.)

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