Legal Opinion

Benning Constr. Co. v. DYKES PAVING & CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia

Decided April 3, 1992No. A91A2124PublishedCited by 2 opinions

1Opinion of the Court

Beasley, Judge.

Defendants Benning Construction Company and St. Paul Fire & Marine Insurance Company appeal a judgment entered in favor of plaintiff Dykes Paving & Construction Company, Inc., in an action on a bond which discharged a materialman’s lien pursuant to OCGA § 44-14-364. St. Paul is the surety on the bond posted by Benning. The jury awarded plaintiff $10,747.72 in damages, $1,784 in prejudgment interest and attorney fees of $6,000.

General contractor Benning entered into an agreement with owner Shaheen & Company for the construction of an office/ware house facility. Benning…

2Cases cited13 opinions

  1. Gignilliat v. West Lumber Co.Court of Appeals of Georgia · 1949
  2. Glynn County Federal Employees Credit Union v. PeaglerSupreme Court of Georgia · 1986
  3. Ingalls Iron Works Co. v. Standard Accident InsuranceCourt of Appeals of Georgia · 1963
  4. Abernethy v. CatesCourt of Appeals of Georgia · 1987
  5. Coatings v. Stein Steel & Supply Co.Court of Appeals of Georgia · 1981

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Benning Construction Co. v. Dykes Paving & Construction Co.Supreme Court of Georgia · 1993
  2. Benning Construction Co. v. Dykes Paving & Construction Co.Court of Appeals of Georgia · 1993

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