PEACOCK CONSTRUCTION CO. v. WEST

41190.

111 Ga. App. 603 (1965)

142 S.E.2d 332

PEACOCK CONSTRUCTION COMPANY et al. v. WEST.

Court of Appeals of Georgia.

Decided April 6, 1965.

Rehearing Denied April 23, 1965.


Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, C. James Jessee, Jr., Robert S. Harkey, Henderson & Pope, A. J. Henderson, for plaintiffs in error.

Lester & Lester, James L. Lester, Vandiviere & Buffington, contra.


BELL, Presiding Judge.

The petition affirmatively alleges and admits payment of a portion of the contract price, and seeks to recover the balance allegedly due for completion of West's performance. We thus construe the petition as suing for the final payment due under the agreement.

The construction contract for breach of which plaintiff seeks to recover is attached as an exhibit to the petition. It sets out an agreement that plaintiff would perform certain...

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