Tolar Construction Company v. Ellington

Full title: TOLAR CONSTRUCTION COMPANY v. ELLINGTON et al

Court: Court of Appeals of Georgia

Date published: Sep 29, 1976

229 S.E.2d 507 (Ga. Ct. App. 1976)

139 Ga. App. 691

Opinion

51174.

DECIDED SEPTEMBER 29, 1976.

Action for damages. Fulton Superior Court. Before Judge Wofford.

Neely, Freeman Hawkins, Richard P. Schultz, for appellant.

Thomas Henry Nickerson, John D. Lowery, for appellee.

DEEN, Presiding Judge.

The decision of the Court of Appeals in this case ( Tolar Construction Co. v. Ellington, 137 Ga. App. 847 ( 225 S.E.2d 66)) having been reversed by the Supreme Court ( 237 Ga. 235) our decision is herewith vacated and the judgment of the Fulton Superior Court is affirmed.

Judgment affirmed. Quillian and Webb, JJ., concur.

DEEN, Presiding Judge.

DECIDED SEPTEMBER 29, 1976.