Cel-Ko Builders & Developers, Inc. v. BX CORPORATION

Bell, Chief Judge.

Plaintiff brought suit to recover on five promissory notes plus interest and attorney fees. The trial court directed a verdict for plaintiff. Held:

1. On December 23,1975 this case was set for trial on the January 26, 1976 jury trial calendar at plaintiffs request. Defendant admitted that he received notice of this order in the latter part of December 1975. The placing of this action on the trial calendar at plaintiffs request with notice to defendant fully complied with CPA § 40 (c) (Code Ann. § 81A-140 (c)). The contention by defendant that it was denied adequate notice of…