Legal Opinion

Dixie Lime & Stone Company v. Wiggins Scale Company

Court of Appeals of Georgia

Decided November 29, 1977No. 54546PublishedCited by 14 opinions

1Opinion of the Court

Smith, Judge.

Wiggins Scale Co., appellee, sold Dixie Lime and Stone Co. a certain truck scale, and constructed a pit in which it installed the scale. Dixie Lime, claiming the construction of the pit and installation were faulty and defective, brought this action for damages. Following the close of Dixie Lime’s evidence, Wiggins moved for a directed verdict, contending (1) the doctrine of laches barred the action; (2) Dixie Lime failed to provide notice of alleged defects; and (3) Dixie Lime failed to prove damages. We reverse the erroneous grant of the motion.

1. The suit was an action at law…

2Cases cited3 opinions

  1. Mingledorff's, Inc. v. HicksCourt of Appeals of Georgia · 1974
  2. Alley v. AlleyCourt of Appeals of Georgia · 1976
  3. Pollock v. Georgia Power CompanyCourt of Appeals of Georgia · 1977

3Cited by14 opinions

  1. Neibarger v. Universal Coopertives, Inc.Michigan Supreme Court · 1992
  2. Motive Parts Warehouse v. Facet EnterprisesCourt of Appeals for the Tenth Circuit · 1985
  3. Loy's Office Supplies, Inc. v. Steelcase, Inc.Court of Appeals of Georgia · 1985
  4. Decatur North Associates, Ltd. v. Builders Glass, Inc.Court of Appeals of Georgia · 1986
  5. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Associated Contractors, Inc.Court of Appeals for the Eleventh Circuit · 1989

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