PAUL v. JONES

56969.

149 Ga. App. 476 (1979)

254 S.E.2d 723

PAUL et al. v. JONES et al.

Court of Appeals of Georgia.

Decided March 13, 1979.

Rehearing Denied March 28, 1979.


Attorney(s) appearing for the Case

Curtis R. Richardson, Thomas L. Scott, for appellants.

Glass, Shaifer & Connell, George H. Connell, Jr., for appellees.


BANKE, Judge.

The appellants contracted with the appellees to construct a road for a real estate development. After the work was completed, the road began to deteriorate; and the appellants sued for damages, alleging both breach of contract and negligence in the performance of the contract.

The case came on for trial; and before completing their evidence, the appellants voluntarily dismissed their complaint without prejudice. They later filed this action,...

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