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LEXINGTON DEVELOPERS, INC. v. O'NEAL CONSTRUCTION COMPANY, INC.

54272.

143 Ga. App. 440 (1977)

238 S.E.2d 770

LEXINGTON DEVELOPERS, INC. v. O'NEAL CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

Decided October 7, 1977.

Attorney(s) appearing for the Case

Richard Feldman, for appellant.

Cunningham & Clarke, Brian W. Wertheim, Raymond A. Cunningham, for appellee.

QUILLIAN, Presiding Judge.

On March 29, 1974, Lexington Developers entered into a contract with O'Neal Construction Company, wherein O'Neal was, inter alia, to perform construction work on Colony Square in Albany, Georgia. Before construction was completed, a fire occurred. In June, 1976, O'Neal brought an action against Lexington in Fulton County. Lexington failed to answer and default judgment was taken. Lexington's motion to open default was denied. On December...

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