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J. M. WELLS SUPPLY COMPANY v. SHIELS

38820.

103 Ga. App. 822 (1961)

121 S.E.2d 36

J. M. WELLS SUPPLY COMPANY v. SHIELS.

Court of Appeals of Georgia.

Rehearing Denied June 12, 1961.

Attorney(s) appearing for the Case

Copland & Copland, Dan Copland, Thomas E. Sikes, for plaintiff in error.

J. Gordon Young, J. M. Flournoy, contra.

FELTON, Chief Judge.

The mere allegation that the owner "employed" the contractor to make improvements on the owner's property does not meet the requirement of the law for the reason that such an allegation does not necessarily mean that the contract contemplated that the contractor was to supply the materials for the improvement. Such an allegation could mean that the contractor was to furnish only labor and skill. Lumber Fabricators, Inc. v. Gregory,

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