Legal Opinion
GAF CORPORATION v. Tolar Construction Co.
Supreme Court of Georgia
Decided September 24, 1980No. 36312PublishedCited by 31 opinions
1Opinion of the Court
Jordan, Presiding Justice.
We granted certiorari to review the decision of the Court of Appeals in Tolar Const. Co. v. GAF Corp., 154 Ga. App. 127 (267 SE2d 635) (1980), in order to determine the following question: Whether a defendant who fails to plead the statute of limitation where it would bar a tort claim can seek contribution or indemnification as to his liability on that claim from a party whose own potential liability on that claim is barred by the statute.
The conclusion of the Court of Appeals’ opinion, where the facts of this case are fully set out, was to reverse the trial court’s…
2Cases cited4 opinions
- Southern Nitrogen Co. v. Stevens Shipping Co.Court of Appeals of Georgia · 1966
- Lessee of Spratt v. SprattSupreme Court of the United States · 1828
- Tolar Construction Co. v. GAF Corp.Court of Appeals of Georgia · 1980
- Mulberry-Fairplains Water Ass'n, Inc. v. Town of North WilkesboroCourt of Appeals of North Carolina · 1992
3Cited by31 opinions
- South Carolina State Ports Authority v. Booz-Allen & Hamilton, Inc.Supreme Court of South Carolina · 1986
- Simpson Consulting, Inc. v. Barclays Bank PLCCourt of Appeals of Georgia · 1997
- U-Haul Co. v. Dillard Paper Co.Court of Appeals of Georgia · 1983
- Stewart v. BoykinCourt of Appeals of Georgia · 1983
- Decatur North Associates, Ltd. v. Builders Glass, Inc.Court of Appeals of Georgia · 1986
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