ATLAS SUPPLY COMPANY v. UNITED STATES FIDELITY & GUARANTY COMPANY

44054.

119 Ga. App. 152 (1969)

166 S.E.2d 624

ATLAS SUPPLY COMPANY v. UNITED STATES FIDELITY & GUARANTY COMPANY et al.

Court of Appeals of Georgia.

Decided January 14, 1969.

Rehearing Denied February 5, 1969.


Attorney(s) appearing for the Case

Wendell C. Lindsey, for appellant.

Edwards, Bentley, Awtrey & Parker, Fred D. Bentley, Sr., for appellees.


QUILLIAN, Judge.

The sole question presented by this appeal is whether the complaint was filed prematurely where there was no foreclosure of the materialman's lien, no proceeding instituted to recover on the bond given under Code Ann. § 67-2004 and no other action instituted against Apartment Development, Inc., or Floyd Granger to establish the amount of damages to which the plaintiff might be entitled. This court has held in Hartford Acc. &c. Co...

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