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MULKEY v. QUILLIAN

19758.

213 Ga. 507 (1957)

100 S.E.2d 268

MULKEY v. QUILLIAN et al.

Supreme Court of Georgia.

Decided September 6, 1957.

Rehearing Denied October 11, 1957.

Attorney(s) appearing for the Case

Howard T. Overby, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, contra.

Harold S. Willingham, William H. Schroder, Smith, Kilpatrick, Cody, Rogers & McClatchey, for party at interest.

WYATT, Presiding Justice.

1. The parties to the instant case agree that the legality of the contract here involved is dependent solely and entirely upon the constitutionality of the Act of the General Assembly (Ga. L. 1957, p. 660) authorizing such contracts. The constitutionality of the act, supra, is, in turn dependent upon whether or not the legislature was authorized under the Constitution of the State of Georgia to empower the Highway Department to enter into...

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