From Casetext: Smarter Legal Research

Allsouth Sprinkler Co. v. Network Building Systems, Inc.

Supreme Court of Georgia
Feb 14, 1977
233 S.E.2d 174 (Ga. 1977)

Opinion

31906.

ARGUED JANUARY 25, 1977.

DECIDED FEBRUARY 14, 1977.

Injunction, etc. Floyd Superior Court. Before Judge Frazier.

Barnes Johnson, Don W. Johnson, for appellant.

C. King Askew, for appellees.


Allsouth Sprinkler Company subcontracted with Network Building Systems, the general contractors of Riverbend Mall in Rome, Georgia, to install a sprinkler system. A dispute arose over certain change orders and the compensation to Allsouth because of these changes. Allsouth refused to continue work until Network made the payments requested. Network sent a mailgram to Allsouth saying in essence to resume work or it would hire someone else to finish the job, and charge Allsouth for any additional costs. Allsouth filed a petition seeking an injunction to prevent Network from canceling its contract and employing another subcontractor to complete the work. Ledbetter Trucks, Inc., the owner of the property, was joined as a defendant. Network's motion to dismiss was granted. Allsouth appeals. We affirm.

The trial court correctly ruled that Allsouth has an adequate remedy at law. Therefore its petition for injunction was not cognizable in equity. Code Ann. § 37-120; Chadwick v. Dolinoff, 207 Ga. 702 ( 64 S.E.2d 76) (1951). Allsouth concedes the petition does not set out a claim for damages. Accordingly we find no error in the trial court's dismissal of the petition.

Judgment affirmed. All the Justices concur, except Hall and Hill, JJ., who concur in the judgment only.


ARGUED JANUARY 25, 1977 — DECIDED FEBRUARY 14, 1977.


Summaries of

Allsouth Sprinkler Co. v. Network Building Systems, Inc.

Supreme Court of Georgia
Feb 14, 1977
233 S.E.2d 174 (Ga. 1977)
Case details for

Allsouth Sprinkler Co. v. Network Building Systems, Inc.

Case Details

Full title:ALLSOUTH SPRINKLER COMPANY v. NETWORK BUILDING SYSTEMS, INC. et al

Court:Supreme Court of Georgia

Date published: Feb 14, 1977

Citations

233 S.E.2d 174 (Ga. 1977)
233 S.E.2d 174

Citing Cases

Strozzo v. Sea Island Bank

Thus, Strozzo cannot enjoin the bank from committing what he contends is an anticipatory breach of contract,…

Marta v. Wallace

We agree. See Allsouth Sprinkler Co. v. Network Building Systems, 238 Ga. 372 ( 233 S.E.2d 174) (1977). 5.…