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HOLDER CONST. CO. v. ED SMITH & SONS, INC.

45917.

124 Ga. App. 89 (1971)

182 S.E.2d 919

HOLDER CONSTRUCTION COMPANY v. ED SMITH & SONS, INC.

Court of Appeals of Georgia.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Neely, Freeman & Hawkins, Edgar A. Neely, Jr., for appellant.

Long, Weinberg, Ansley & Wheeler, Palmer H. Ansley, J. Kenneth Moorman, Zachry, Dean & Setliff, Herbert B. Zachry, for appellee.

QUILLIAN, Judge.

1. The contract between the plaintiff and the defendant which is the principal basis for the defendant's counterclaim contains the following provision: "Subcontractor agrees to indemnify and hold the contractor and the owner wholly harmless from any damages, claims, demands or suits by any person or persons, arising out of or resulting from the execution of the work provided in this subcontract or occurring in connection therewith, excluding liability...

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