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TALLMAN POOLS OF GA. v. FELLNER

62436.

160 Ga. App. 722 (1981)

288 S.E.2d 46

TALLMAN POOLS OF GEORGIA, INC. v. FELLNER.

Court of Appeals of Georgia.

Rehearing Denied December 15, 1981.

Attorney(s) appearing for the Case

Paul S. Weiner, for appellant.

Richard N. Hubert, Nicholas Jellins, for appellee.

BIRDSONG, Judge.

Tallman Pools appeals the verdict and judgment against it arising out of breach of contract to install a swimming pool in the back yard of the appellee Fellner. Held:

1. This case must be reversed for harmful error in the charge of the court. The contract between the parties provided that "Project [is] to start on or about 12 Dec. `77 (permit permitting) and complete 15 Feb. `78 weather permitting." (Emphasis supplied.) The appellant...

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