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GEORGE B. GILMORE CO. v. GARRETT

No. 07-CA-59155.

582 So.2d 387 (1991)

GEORGE B. GILMORE COMPANY v. Jimmy E. GARRETT.

Supreme Court of Mississippi.

Rehearing Denied July 31, 1991.

Attorney(s) appearing for the Case

James H. Herring, Herring, Long & Joiner, Canton, for appellant.

C.R. Montgomery, Montgomery Smith-Vaniz Firm, Canton, Rebecca B. Cowan, Montgomery Smith-Vaniz McGraw, Jackson, for appellee.

Mark D. Herbert, Victoria W. Thomas, Ott Purdy & Scott, Jackson, for amicus curiae.

En Banc.

HAWKINS, Presiding Justice, for the Court:

George B. Gilmore Company has appealed a judgment in the circuit court of Madison County in favor of Mr. and Mrs. Jimmy E. Garrett in the amount of $13,000 in a suit charging Gilmore with the negligent construction of their house. The Garretts have cross-appealed. In this opinion we address the question of negligence in performing a contract and there being evidence to support Gilmore's negligence in performance of his obligations...

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