Legal Opinion
American Surety Co. v. Ed Smith & Sons, Inc.
Court of Appeals of Georgia
Decided October 19, 1959No. 37847PublishedCited by 5 opinions
1Opinion of the Court
Gardner, Presiding Judge.
Counsel for the plaintiff contends that Code (Ann.) § 23-1709 quoted herein above refers to final acceptance by the defendant as well as final payment. Counsel cites, in support of this contention, John Monaghan, Inc. v. State Highway Dept., 81 Ga. App. 289 (58 S. E. 2d 242). That case is not authority for affirmance here because the facts are not in accord with the facts of the instant case. Counsel for the plaintiff cites and relies on National Surety Corp. v. Wright, 70 Ga. App. 838, 841 (29 S. E. 2d 662). That case cannot aid counsel for the plaintiff, but on the…
2Cases cited4 opinions
- Hollingsworth v. RedwineCourt of Appeals of Georgia · 1946
- John Monaghan Inc. v. State Highway DepartmentCourt of Appeals of Georgia · 1950
- National Surety Corporation v. WrightCourt of Appeals of Georgia · 1944
- Carter v. ClementsCourt of Appeals of Georgia · 1959
3Cited by5 opinions
- United States Fidelity & Guaranty Co. v. Rome Concrete Pipe Co.Supreme Court of Georgia · 1987
- United States Fidelity & Guaranty Co. v. Rome Concrete Pipe Co.Court of Appeals of Georgia · 1986
- American Surety Co. v. Ed Smith & Sons, Inc.Court of Appeals of Georgia · 1959
- Augusta Iron & Steel Works, Inc. v. United States Fidelity & Guaranty Company, and Third Party v. Warren E. Quarles, Sr., Third PartyCourt of Appeals for the Third Circuit · 1986
- United States Fidelity & Guaranty Co. v. Rome Concrete Pipe Co.Court of Appeals of Georgia · 1986