PIEDMONT &c. CORP. v. HANNA PAINT CO., INC.

36541.

95 Ga. App. 605 (1957)

98 S.E.2d 137

PIEDMONT ENGINEERING & CONSTRUCTION CORPORATION v. HANNA PAINT COMPANY, INC.

Court of Appeals of Georgia.

Rehearing Denied April 24, 1957.


Attorney(s) appearing for the Case

Parks & Eisenberg, for plaintiff in error.

Morris W. Macey, Lipshutz & Macey, John M. Sikes, Jr., contra.


GARDNER, P. J.

1. The controversy regarding the amount due revolves around the theory of law regarding appropriation of payments. The check for $650 was made payable jointly to the plaintiff and the defendant Hendricks. There is evidence to show that there was money owing to both parties at the time. There is evidence that there were no instructions as to where or to whom the appropriation of payment should be made. There is evidence to the contrary. The jury resolved...

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