SHAEF CHEMICAL CO., INC. v. COOK

39492.

106 Ga. App. 223 (1962)

126 S.E.2d 806

SHAEF CHEMICAL COMPANY, INC. v. COOK.

Court of Appeals of Georgia.

Decided June 29, 1962.


Attorney(s) appearing for the Case

Findley, Shea, Friedman, Gannam, Head & Buchsbaum, Michael J. Gannam, for plaintiff in error.

Cowan, Zeigler, Downing & McAleer, Richard T. Cowan, contra.


FELTON, Chief Judge.

1. The plaintiff alleged in the petition a contract with the defendant, under which the defendant agreed to provide termite control and inspection, and a breach of that contract by the defendant's refusal to control the termite damage within the contract period. These allegations, if proved, would suffice to establish the defendant's liability under the contract.

2. The plaintiff in error attempts in its brief to raise, for the first time...

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