Peacock Construction Co. v. Turner Concrete, Inc.

Eberhardt, Judge.

This is the second appearance of this case in this court. See Peacock Constr. Co. v. Turner Concrete, 116 Ga. App. 822 (159 SE2d 114) (cert. denied). Simply stated, Turner sued Peacock for $17,754.10 on an account for concrete mix which the latter was using in the erection of a building, to which pleading Peacock filed an answer and cross action claiming a setoff of $1,281 and damages of $20,478.97. Turner amended its petition and brought in New Amsterdam Casualty Company as surety on a labor and material payment bond. The controlling issue at the trial was whether concrete…