AETNA CAS. &c. CO. v. ALUMINUM CO.

45274.

122 Ga. App. 324 (1970)

176 S.E.2d 654

AETNA CASUALTY & SURETY COMPANY v. ALUMINUM COMPANY OF AMERICA et al.

Court of Appeals of Georgia.

Decided July 10, 1970.

Rehearing Denied July 29, 1970.


Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, Samuel C. Waller, for appellant.

Sanders, Hester, Holley, Ashmore & Boozer, Richard A. Slaby, for appellees.


QUILLIAN, Judge.

1. The defendant contends that the affidavit of W. R. Dague, the plaintiff's credit manager, was not sufficient to carry the burden of proving that the material was used in the "prosecution of the work." The affidavit stated in part that: the plaintiff furnished the materials that "were used" in the construction of the hospital; that the direct contract of Aluminum Company of America with the sub contractor of George A. Fuller Company, Inc. was for...

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