MARTIN v. ROLLINS, INC.

51728.

138 Ga. App. 649 (1976)

226 S.E.2d 771

MARTIN et al. v. ROLLINS, INC. et al.

Court of Appeals of Georgia.

Decided April 28, 1976.

Rehearing Denied May 17, 1976.


Attorney(s) appearing for the Case

Nixon, Yow, Waller & Capers, D. Field Yow, Paul H. Dunbar, III, for appellants.

Kaler, Karesh & Frankel, Jerry L. Sims, Samuel N. Frankel, Glenville Haldi, for appellees.


MARSHALL, Judge.

The questions presented in this appeal are whether a contractor could rescind a construction contract and whether or not the owner, on whose property the construction was taking place, breached the contract. Both questions involve unresolved factual disputes, and summary judgment was properly denied.

The facts show that the landowner, Rollins, had entered into a construction contract with the appellant contractor to build a plant and warehouse...

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