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McDONOUGH CONSTRUCTION CO. v. BENEFIELD

38962.

104 Ga. App. 367 (1961)

121 S.E.2d 665

McDONOUGH CONSTRUCTION COMPANY v. BENEFIELD.

Court of Appeals of Georgia.

Decided September 12, 1961.

Attorney(s) appearing for the Case

Lokey & Bowden, Hamilton Lokey, Glenn Frick, for plaintiff in error.

Calhoun & Calhoun, Walter W. Calhoun, Clarence H. Calhoun, Jr., contra.

FELTON, Chief Judge.

1. The court erred in overruling the special demurrer to subparagraph (a) of paragraph 23 of the petition. The petition shows that all work on the hangar had not been completed and does not show that the plaintiff did not know of the unfinished floor. It would seem that the defendant would have met the requirement of ordinary care as to sub-contractors on the premises by giving some kind of notice...

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