WHITLEY CONSTR. CO. v. CARLYLE

51028.

137 Ga. App. 113 (1975)

222 S.E.2d 895

WHITLEY CONSTRUCTION COMPANY v. CARLYLE REAL ESTATE LIMITED-72 PARTNERSHIP et al.

Court of Appeals of Georgia.

Decided December 2, 1975.

Rehearing Denied December 19, 1975.


Attorney(s) appearing for the Case

Zachary & Seagraves, W. E. Zachary, Sr., for appellant.

Cofer, Beauchamp & Hawes, James H. Rollins, John W. Greenfield, William L. Bost, Jr., for appellees.


MARSHALL, Judge.

This is an appeal from the order of the trial court dismissing the complaint of appellant Whitley Construction Company, plaintiff below, because the complaint was not filed within the time allowed by statute.

Appellee, the owner of certain real estate, contracted with a prime contractor, the Ervin Company, to make improvements on the real estate owned by Carlyle. Part of those improvements included the installation of standard and roll edge...

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