Legal Opinion

JONES MERCANTILE COMPANY v. Lyn-Har, Inc.

Supreme Court of Georgia

Decided May 21, 1980No. 35973PublishedCited by 18 opinions

1Opinion of the Court

Undercofler, Chief Justice.

This is a certiorari to the Court of Appeals.

We find the Court of Appeals’ statement in Division 1 of its opinion as follows is incomplete: " 'Where a contractor abandons his contract, "the cost of completing the work is to be deducted from the contract price in order to ascertain the amount up to which the subcontractors may claim liens; and if such deductions, together with payments previously made to the contractor, equal or exceed the entire contract price, then of course the subcontractors and materialmen have no lien, since there is nothing due under the…

2Cases cited5 opinions

  1. Green v. Farrar Lumber Co.Supreme Court of Georgia · 1903
  2. Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
  3. Roberts v. Georgia Southern Supply Co.Court of Appeals of Georgia · 1955
  4. E. Smith Heating & Air Conditioning, Inc. v. BiggersCourt of Appeals of Georgia · 1976
  5. Jones Mercantile Co. v. Lyn-Har, Inc.Court of Appeals of Georgia · 1979

3Cited by18 opinions

  1. United Parcel Service, Inc., Etc. v. Weben Industries, Inc., and Conveyor, MacHinery & Steel Erectors, Inc. v. Mercantile National Bank at DallasCourt of Appeals for the Fifth Circuit · 1986
  2. Marathon Oil Co. v. HollisCourt of Appeals of Georgia · 1983
  3. Bethlehem Steel Corp. v. TidwellDistrict Court, M.D. Georgia · 1986
  4. Mayer Electric Supply Co. v. Federal InsuranceCourt of Appeals of Georgia · 1990
  5. Adams v. W. P. Stephens Lumber Co.Court of Appeals of Georgia · 1981

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