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DUNAGAN v. SIMS

44403.

119 Ga. App. 765 (1969)

168 S.E.2d 914

DUNAGAN v. SIMS.

Court of Appeals of Georgia.

Decided May 14, 1969.

Rehearing Denied June 5, 1969.

Attorney(s) appearing for the Case

Hurt, Hill & Richardson, James C. Hill, Bonneau Ansley, for appellant.

Harris, Rolader & Nevel, Robert B. Harris, for appellee.

PANNELL, Judge.

Plaintiff G. R. Dunagan brought an action against C. R. Sims in the Civil Court of Fulton County seeking recovery of damages because of the alleged deterioration of, and faulty installation of, an asphalt driveway. The petition was in two counts, one based upon negligence, and the other based upon breach of warranty. At the close of the evidence while counsel and the court were discussing charges, counsel for the plaintiff stated he did not desire...

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