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SMITH HEATING & AIR CONDITIONING, INC. v. BIGGERS

52330.

139 Ga. App. 216 (1976)

228 S.E.2d 203

E. SMITH HEATING & AIR CONDITIONING, INC. v. BIGGERS.

Court of Appeals of Georgia.

Decided July 2, 1976.

Attorney(s) appearing for the Case

McDonald & Dupree, Barry Staples, for appellant.

Huie, Ware, Sterne, Brown & Ide, Terrence Lee Croft, C. Wilson Dubose, for appellee.

CLARK, Judge.

This appeal is by a materialman plaintiff seeking to foreclose its lien against the defendant owner's property for materials supplied in the construction of defendant's residence. The trial court granted defendant's motion for summary judgment which was based upon the owner having been compelled to expend in excess of the guaranteed maximum contract price for completion of the house after the general contractor...

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