Legal Opinion
COE & PAYNE COMPANY v. Foster & Kleiser, Inc.
Supreme Court of Georgia
Decided April 7, 1988No. 45371PublishedCited by 8 opinions
1Opinion of the Court
Weltner, Justice.
Coe & Payne Company, a subcontractor, furnished labor and materials for improvements to real property owned by Foster & Kleiser, Inc. The general contractor subsequently was adjudicated a bankrupt. Within three months after completion of the work, Coe & Payne Company filed a lien against real property of Foster & Kleiser, Inc.
Within twelve months after the debt became due, Coe & Payne filed an action to foreclose its lien. By error, the foreclosure action was filed against Foster & Kleiser, Corp., not Foster & Kleiser, Inc. Upon discovering its error, and after the twelve…
2Cases cited2 opinions
- Sam Finley, Inc. v. Interstate Fire InsuranceCourt of Appeals of Georgia · 1975
- Foster & Kleiser, Inc. v. Coe & Payne Co.Court of Appeals of Georgia · 1987
3Cited by8 opinions
- Health Horizons, Inc. v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1999
- L & W Supply Corp. v. Whaley Constr. Co.Court of Appeals of Georgia · 1990
- Georgia North Contracting, Inc. v. Haney & Haney Construction & Management Corp.Court of Appeals of Georgia · 1992
- CC & B Industries, Inc. v. StroudCourt of Appeals of Georgia · 1991
- TRI-CITY CONSTRUCTION COMPANY, INC. v. Sandy Plains PartnershipCourt of Appeals of Georgia · 1992
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