PACE CONSTRUCTION CORPORATION v. HOUDAILLE-DUVAL-WRIGHT DIVISION, HOUDAILLE INDUSTRIES, INC.

36075.

245 Ga. 696 (1980)

266 S.E.2d 504

PACE CONSTRUCTION CORPORATION et al. v. HOUDAILLE-DUVAL-WRIGHT DIVISION, HOUDAILLE INDUSTRIES, INC.

Supreme Court of Georgia.

Decided April 23, 1980.


Attorney(s) appearing for the Case

Smith, Currie & Hancock, Robert O. Fleming, Jr., Kent P. Smith, for appellants.

Morton, Humphries, Payne & Rachelson, John P. MacNaughton, Ira L. Rachelson, Elizabeth W. Camp, for appellee.


JORDAN, Presiding Justice.

Houdaille, Ind., Inc., appellee, sued Pace Construction Corp., appellant, seeking damages for the latter's breach of a subcontract. The appellant answered and raised the affirmative defense that the subcontract contained an arbitration clause which barred the appellee from pursuing the present lawsuit. In conjunction with this pleading, the appellant prayed for an order "staying discovery and all other judicial proceedings in the instant...

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