Herrman v. Conway

As special grounds 2, 3, 4, and 12 of the original demurrer and 5 and 8 of the renewed demurrer pertain to the merits of the petition, they will be considered with the general demurrer. Plaintiff in error contends that plaintiff is bound by all the conditions and provisions in the contract between defendant and the City of Atlanta and that one of the provisions of such contract is that final payment shall be due 30 days after substantial completion of the work provided the work be fully completed and the contract fully performed, and that approval of the architect shall be a condition…