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O'NEIL-DUNHAM, INC. v. PEARSON

40711.

109 Ga. App. 857 (1964)

137 S.E.2d 556

O'NEIL-DUNHAM, INC. et al. v. PEARSON et al.

Court of Appeals of Georgia.

Rehearing Denied June 19, 1964.

Attorney(s) appearing for the Case

Gambrell & Mobley, David H. Gambrell, Robert D. Feagin, III, for plaintiffs in error.

Ware, Sterne & Griffin, Robert F. Lyle, contra.

PANNELL, Judge.

1. When a subcontractor contracts with a prime contractor to furnish labor and materials for specified work at a specified price and this contract is breached by the prime contractor and the subcontractor notifies the contractor that he is rescinding the contract, and the contractor notifies the subcontractor that he is terminating the contract, such action amounts to an abandonment of the contract by both parties, or a mutual rescission of the contract...

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