Legal Opinion
A. J. Kellos Construction Company v. Balboa Insurance Company
Court of Appeals for the Fifth Circuit
Decided November 16, 1981No. 79-2504PublishedCited by 5 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
The sole issue raised in this appeal is whether notice to sue is timely given pursuant to Ga.Code Ann. § 103-205 1 when it is given after a principal has been declared in default of its obligations under a construction contract, but before the amount of damages is known. We find that such notice is timely and, for the reasons stated below, reverse the ruling of the District Court.
Appellee, A. J. Kellos Construction Company, entered into a subcontract with Redmon Decorators Inc., on March 10, 1976, whereby Redmon agreed to perform certain construction work on a…
2Cases cited5 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Balboa Insurance v. A. J. Kellos Construction Co.Supreme Court of Georgia · 1981
- Smith v. BrooksSupreme Court of Georgia · 1880
- Central Bank & Trust Co. v. PriceCourt of Appeals of Georgia · 1975
- W. T. Rawleigh Co. v. OverstreetCourt of Appeals of Georgia · 1951
3Cited by5 opinions
- Northrop Corp. v. McDonnell Douglas Corp.Court of Appeals for the Ninth Circuit · 1983
- Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)United States Bankruptcy Court, D. Delaware · 2012
- Johnson Controls, Inc. v. Safeco Insurance Company of AmericaCourt of Appeals for the Eleventh Circuit · 1990
- Consolidated Edison Co. of New York, Inc. v. United StatesUnited States Court of Federal Claims · 2008
- United States v. Blue Dolphin Associates, Inc.District Court, S.D. Georgia · 1985