Legal Opinion
State Highway Department v. MacDougald Construction Co.
Court of Appeals of Georgia
Decided July 1, 1960No. 38155PublishedCited by 15 opinions
1Opinion of the Court
*256Townsend, Judge.
Count 1 of the petition, which is the only count on which the plaintiff relies, seeks an ex contractu recovery of two amounts as follows: (1) The,sum of $35,157.76 admittedly retained by the defendant out of the contract price, and sought by the cross-action to be set off, except for the sum of $1,498.95, as liquidated damages incurred by reason of delays in performance; (2) The sum of $33,967.31, which represents the difference between the contract price based on percentages of rock and dirt to be found along the sites to be excavated as indicated by borings made by the…
2Cases cited21 opinions
- United States v. Atlantic Dredging Co.Supreme Court of the United States · 1920
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1919
- United States v. United Engineering & Contracting Co.Supreme Court of the United States · 1914
- United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
- Prince v. FriedmanSupreme Court of Georgia · 1947
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Codell Construction Co. v. CommonwealthCourt of Appeals of Kentucky · 1977
- Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969
- CRS Sirrine, Inc. v. Dravo Corp.Court of Appeals of Georgia · 1995
- State Highway Department v. W. L. Cobb Construction Co.Court of Appeals of Georgia · 1965
- St. Paul Fire & Marine Insurance v. Fleet Transport Co.Court of Appeals of Georgia · 1967
10 more not listed; retrieve them via the Exa API.