Legal Opinion

McWaters v. Frederick W. Berens, Inc.

Court of Appeals of Georgia

Decided September 19, 1977No. 54338PublishedCited by 3 opinions

1Opinion of the Court

Webb, Judge.

This is the second appearance of this action for damages arising from a fire in the home of the plaintiff McWaters. The material facts of record are as follows.

In 1970 McWaters borrowed $15,700 from Berens to purchase a home, Berens thereby becoming his mortgagee. The fire occurred in 1973, at which time the property was insured by State Farm Fire & Casualty Company. At State Farm’s suggestion McWaters hired Paul W. Davis, Inc. of Atlanta, a contractor, to make repairs for $16,444.96 and filed a sworn proof of loss with State Farm. State Farm issued a draft in this amount payable…

2Cases cited5 opinions

  1. Williams v. Northside Realty Associates, Inc.Court of Appeals of Georgia · 1967
  2. Lummus Supply Co. v. Fidelity Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1977
  3. Fulton Land Co. v. Armor Insulating Co.Supreme Court of Georgia · 1941
  4. Springer v. CoxSupreme Court of Georgia · 1966
  5. McWaters v. State Farm Fire & Casualty CompanyCourt of Appeals of Georgia · 1976

3Cited by3 opinions

  1. Kost v. First National Bank of GreybullWyoming Supreme Court · 1984
  2. Mathis v. ROCK SPRINGS WHOLESALE COMPANY, INCCourt of Appeals of Georgia · 1981
  3. Charter Mortgage Co. v. GrayCourt of Appeals of Georgia · 1985

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