BARBER v. ATLAS CONCRETE POOLS, INC.

59887.

155 Ga. App. 118 (1980)

270 S.E.2d 471

BARBER v. ATLAS CONCRETE POOLS, INC.

Court of Appeals of Georgia.

Decided June 30, 1980.


Attorney(s) appearing for the Case

Robert A. Blackwood, III, for appellant.

Asa M. Powell, Jr., for appellee.


CARLEY, Judge.

Appellant Barber, defendant below, entered into a contract with appellee for the construction of a swimming pool. Almost immediately after appellee began excavation a rock formation was struck and work halted. A second site was chosen and appellee was able to excavate to a depth of approximately five feet before striking rock again. The contract made provision for this event, requiring that appellant would absorb any additional cost plus 20% should...

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