Legal Opinion

Capital Mechanical, Ltd. v. Dobbs Houses, Inc.

Court of Appeals of Georgia

Decided September 4, 1979No. 58066PublishedCited by 1 opinion

1Opinion of the Court

McMurray, Presiding Judge.

This case involves the foreclosure of a mechanic’s and materialman’s lien in which summary judgment was granted in favor of the owner. The trial court found "no written or oral express contract between the plaintiff and defendant. . . and no facts from which a contract can be implied which would obligate the defendant for the plaintiffs claim.” Plaintiff appeals. Held:

1. The motion to dismiss the appeal for violation of Rule 14 (a) (now Rule 27 (a) (Code Ann. § 24-3627)) and Rule 16 (a) (now Rule 14 (Code Ann. § 24-3614)) is denied. The brief and enumeration of…

2Cases cited7 opinions

Rutland Contracting Co. v. Sallie E. Gay EstateSupreme Court of Georgia · 1942
Columbus Square Shopping Center Co. v. B & H Steel Co.Court of Appeals of Georgia · 1979
Consolidated Lumber Co. v. Ocean Steamship Co.Supreme Court of Georgia · 1914
Hill v. Dealers Supply Co., Inc.Court of Appeals of Georgia · 1961
Stevens Supply Co. v. StammCourt of Appeals of Georgia · 1930

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

ACCURATE CONSTRUCTION COMPANY, INC. v. Dobbs Houses, Inc.Court of Appeals of Georgia · 1980