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MION CHEMICAL BRICK CORP. v. DANIEL CONSTR. CO.

40987, 40988.

111 Ga. App. 369 (1965)

141 S.E.2d 839

MION CHEMICAL BRICK CORPORATION v. DANIEL CONSTRUCTION COMPANY, INC.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 18, 1965.

Attorney(s) appearing for the Case

Clifford Oxford, Eugene S. Taylor, for plaintiff in error.

Gambrell, Harlan, Russell & Moye, E. Smythe Gambrell, Edward W. Killorin, John K.Train, III, contra.

PANNELL, Judge.

1. Where a prime contractor, without claiming that the work is covered by the subcontract, orally orders extra work, as such, with notice that the subcontractor regards the work as extra and expects additional compensation therefor, the subcontractor can recover for the work notwithstanding a stipulation of the subcontract requiring a written order therefor. State Hwy. Dept. v. Wright Contracting Co., 107 Ga.App. 758

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