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CONCRETE MATERIALS OF GEORGIA, INC. v. SMITH & PLASTER CO.

47475.

127 Ga. App. 817 (1973)

195 S.E.2d 219

CONCRETE MATERIALS OF GEORGIA, INC. v. SMITH & PLASTER COMPANY OF GEORGIA.

Court of Appeals of Georgia.

Decided January 5, 1973.

Attorney(s) appearing for the Case

Mitchell, Pate & Anderson, Paul H. Anderson, Charles F. Hicks, for appellant.

Smith, Currie & Hancock, Bert R. Oastler, for appellee.

EBERHARDT, Presiding Judge.

1. The lease contract called for and contemplated completion and delivery of the building by Lurlee, the owner, to Scott-Foresman, the lessee, on March 1, 1969, "or as soon thereafter as the building to be constructed by the lessor ... can, with due diligence on lessor's part, be completed in accordance with the Plans and Specifications."

Plaintiff, the prime contractor, asserts that the building was not so completed and delivered...

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