R.J. GRIFFIN & CO. v. CONTINENTAL INS.

No. A97A1765.

497 S.E.2d 586 (1998)

230 Ga. App. 822

R.J. GRIFFIN & COMPANY v. CONTINENTAL INSURANCE COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied February 27, 1998.

Certiorari Denied June 5, 1998.


Attorney(s) appearing for the Case

Griffin, Cochrane & Marshall, Harry L. Griffin, Jr., William H. Parkman, Atlanta, for appellant.

Richard A. Gordon, Atlanta, for appellee.


SMITH, Judge.

This is an appeal of the grant of summary judgment in favor of the surety on a construction performance bond and the corresponding denial of summary judgment for the general contractor obligee. We must decide whether a subcontractor's refusal to return funds belonging to the general contractor is covered by the subcontractor's performance bond issued in favor of the general contractor. Under the plain language of the subcontract and the bond, as well...

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