Maner v. Clark-Stewart Co.

1. “ The first grant of a new trial upon certiorari will not be disturbed, unless the judgment under review by the certiorari was absolutely demanded.” Loftin v. Great Southern Asso., 9 Ga. App. 121 (1) (70 S. E. 353); Charles W. Tway Co. v. Hedenburg, 24 Ga. App. 520 (3) (101 S. E. 199).

2. Where a contract provides that a job shall be done by the use of specified materials, the owner for whom the work is to be done and the material is to be used is entitled to stand upon the express terms of the agreement; and the- fact that other and different materials, which were to some extent…