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WESTERN CONTR. CORP. v. STATE HWY. DEPT.

45659.

123 Ga. App. 331 (1971)

181 S.E.2d 89

WESTERN CONTRACTING CORPORATION v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided February 16, 1971.

Attorney(s) appearing for the Case

Alston, Miller & Gaines, Henry J. Miller, Ronald L. Reid, for appellant.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Richard L. Chambers, Assistant Attorney General, Marshall R. Sims, Robert E. Sherrell, Charles C. Stebbins, Deputy Assistant Attorneys General, for appellee.

PANNELL, Judge.

Appellant brought a complaint against the State Highway Department of Georgia seeking recovery of $501,176.31 for breach of contract in that the State Highway Department had failed to obtain an option from owners of certain borrow-pit materials as required by the contract, and also seeking recovery of $137,929.65 due complainant under the contract which complainant had completed and performed. By amendment plaintiff converted the original complaint...

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