DOMENICONE v. CARL E. JONES &c., INC.

69116.

173 Ga. App. 351 (1985)

326 S.E.2d 548

DOMENICONE v. CARL E. JONES DEVELOPMENT, INC. et al.

Court of Appeals of Georgia.

Decided January 28, 1985.


Attorney(s) appearing for the Case

Kenneth L. Millwood, E. Kendrick Smith, for appellant.

Patrick L. Swindall, Michael R. Hurst, for appellees.


BIRDSONG, Presiding Judge.

This appeal is from a jury verdict in favor of the defendant Carl E. Jones Development, Inc. in a suit on defects in a new house. The owner of the company also had personally agreed to fix twelve certain items, and provided for liquidated damages for his failure to do so; this agreement was duly performed. However, the suit, as it was submitted to the jury, was based only on breach of an express warranty of fitness by the company. Accordingly...

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