NOLAND CO. v. COMMERCIAL INS. CO.

53329.

141 Ga. App. 285 (1977)

233 S.E.2d 259

NOLAND COMPANY v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY et al.

Court of Appeals of Georgia.

Decided February 14, 1977.


Attorney(s) appearing for the Case

Webb, Parker, Young & Ferguson, John Tye Ferguson, for appellant.

Smith, Currie & Hancock, Kent P. Smith, Robert D. Marshall, for appellees.


STOLZ, Judge.

The appellant materialman brought an action against the appellees to recover on a labor and material payment bond which designated the appellees as co-sureties, and the building general contractor as principal. The trial judge granted summary judgment for the appellees on the basis of their discharge by the appellant's refusal to sue the principal subsequent to notice given pursuant to Code § 103-205, from which judgment the appellant appeals.<...

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