QUILLIAN, Judge.
1. Ground 1 of the motion for summary judgment sets out that there is no genuine issue as to any material fact regarding paragraph 5 of the plaintiff's complaint. Paragraph 5 alleges: "There is due the plaintiff for the work performed under said contract as aforesaid the sum of thirty-nine thousand seventy-five and 74/100 ($39,075.74) dollars, which the defendant has failed and refused to pay." The defendant in its answer admitted that it was indebted...
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