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S. E. CONST. &c. CO. v. GLENS FALLS IND. CO.

32903.

81 Ga. App. 764 (1950)

59 S.E.2d 747

SOUTHEASTERN CONSTRUCTION CO., for use of GILL EQUIPMENT CO., v. GLENS FALLS INDEMNITY CO.

Court of Appeals of Georgia.

Rehearing Denied June 14, 1950.

Attorney(s) appearing for the Case

MacDougald, Troutman, Sams & Schroder, Gilmer A. MacDougald, for plaintiff.

Powell, Goldstein, Frazer & Murphy, for defendant.

FELTON, J.

1. The bond sued on is dated October 30, 1947. It guarantees the performance of a subcontract dated October 29, 1947, whereas the subcontract alleged to have been guaranteed by the bond was dated October 10, 1947, and refers to the prime contract dated October 29, 1947 and makes the prime contract a part of the subcontract. The allegations of the petition are accepted as true on demurrer. Under the allegations...

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