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J. C. PENNEY CO. v. DAVIS & DAVIS, INC.

61321, 61322.

158 Ga. App. 169 (1981)

279 S.E.2d 461

J. C. PENNEY COMPANY, INC. et al. v. DAVIS & DAVIS, INC. ASSOCIATED BUILDING SYSTEMS, INC. et al. v. DAVIS & DAVIS, INC.

Court of Appeals of Georgia.

Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

Robert C. Lamar, for appellants (case no. 61321).

James C. Simmons, Jr., Bruce B. Weddell, for appellee.

Bruce B. Weddell, for appellants (case no. 61322).

James C. Simmons, Jr., Robert C. Lamar, for appellee.

SHULMAN, Presiding Judge.

J. C. Penney Company, Inc. entered into a contract with Associated Building Systems, Inc. (hereinafter "ABS") to make specified construction repairs to certain J. C. Penney buildings. ABS entered into a subcontract with plaintiff Davis & Davis, Inc. to perform a portion of the work (sheet metal work). Upon J. C. Penney's rejection of plaintiff's work product and the coincident and subsequent refusal of ABS to compensate plaintiff in accordance...

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