State Highway Department v. MacDougald Construction Co.

102 Ga. App. 254 (1960)

115 S.E.2d 863

STATE HIGHWAY DEPARTMENT

v.

MacDOUGALD CONSTRUCTION COMPANY.

38155.

Court of Appeals of Georgia.

Decided July 1, 1960.

Rehearing Denied July 21, 1960.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, Donald E. Payton, for plaintiff in error.

Moise, Post & Gardner, Allen Post, Hugh E. Wright, contra.

TOWNSEND, Judge.

1. 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…