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Southwest Ga. Area Health Educ. Ctr. Inc. v. Rowell

Defendant failed to show any breach of the parties' contract which would entitled him to a set-off.

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In Case No. A01A0504, pursuant to the grant of interlocutory review, Southwest Georgia Area Health Education Center, Inc. hereinafter referred to as SOWEGA appeals from the trial court’s partial denial of its motion for summary judgment in its breach of contract suit against William Scott Rowell. In Case No. A01A0505, Rowell cross-appeals from the trial court’s partial grant of SOWEGA’s motion.

Pursuant to Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991, we view the evidence in the light most favorable to Rowell. SOWEGA is a nonprofit corporation formed pursuant to the Public Health Act and guidelines and regulations of the Department of Health and Human Services for the purpose of seeking to improve the health services delivery system in southwest Georgia, especially rural and underserved areas. SOWEGA’s service area consists of 38 counties,1 which are specifically listed in Exhibit A to the contract at issue here and include Coffee County but not Wayne County.

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