State Highway Department v. Charles R. Shepherd, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Quillian, Judge.
1. Ground 1 of the motion for summary-judgment sets out that there is no genuine issue as to any material fact regarding paragraph 5 of the plaintiff’s complaint. Paragraph 5 alleges: “There is due the plaintiff for the work performed under said contract as aforesaid the sum of thirty-nine thousand seventy-five and 74/100 ($39,075.74) dollars, which the defendant has failed and refused to pay.” The defendant in its answer admitted that it was indebted to the plaintiff in the amount of $22,275.74 and tendered this amount to the plaintiff. Thereupon the parties stipulated that…
2Cases cited4 opinions
- Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
- Ginn v. MorganSupreme Court of Georgia · 1969
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Harrison v. TuggleSupreme Court of Georgia · 1969
3Cited by4 opinions
- Burgess v. Clermont Properties, Inc.Court of Appeals of Georgia · 1977
- Gurley v. East Atlanta Land Co., Inc.Supreme Court of Georgia · 2003
- Southeastern Highway Contracting Co. v. State Highway DepartmentCourt of Appeals of Georgia · 1973
- State Highway Department v. Charles R. Shepherd, Inc.Court of Appeals of Georgia · 1969