ROBERTS v. GEORGIA SOUTHERN SUPPLY CO.

35653, 35654.

92 Ga. App. 303 (1955)

88 S.E.2d 554

ROBERTS v. GEORGIA SOUTHERN SUPPLY CO., INC.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied June 1, 1955.


Attorney(s) appearing for the Case

Frank G. Wilson, for plaintiff in error.

John B. Harris, Jr., contra.


TOWNSEND, J.

1. The primary issue for decision, which is raised by the first special ground of the amended motion for a new trial, and also by rulings on demurrer assigned as error on the cross-bill of exceptions, is whether the defendant owner of the property sought to be foreclosed might plead and prove as a defense to the action that the contractor had left the work uncompleted, and that the work he had done was of such poor and shoddy character that the cost of...

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