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HEWITT CONTRACTING CO. v. BRIDGEBORO LIME & STONE CO.

41061.

111 Ga. App. 261 (1965)

141 S.E.2d 211

HEWITT CONTRACTING COMPANY v. BRIDGEBORO LIME & STONE COMPANY, INC.

Court of Appeals of Georgia.

Rehearing Denied March 4, 1965.

Attorney(s) appearing for the Case

Smith, Gardner, Kelley & Wiggins, Fred E. Bartlett, Jr., for plaintiff in error.

Whelchel & Whelchel, Hoyt H. Whelchel, Jr., contra.

FELTON, Chief Judge.

1. Following are relevant provisions of the contract: "(2) The buyer agrees to pay monthly for all No. 467 stone crushed by the seller at $2.15 per ton until this order of approximately 36,000 tons of stone is furnished. It is agreeable for the buyer to stockpile 80% of the aggregate at one time and complete the hauling when it can be determined if there will be an underrun; however, it is understood that all coarse aggregate used in the...

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