Legal Opinion

State Highway Department v. Charles R. Shepherd, Inc.

Court of Appeals of Georgia

Decided April 30, 1969No. 44207PublishedCited by 4 opinions

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

  1. Holland v. Sanfax CorporationCourt of Appeals of Georgia · 1962
  2. Ginn v. MorganSupreme Court of Georgia · 1969
  3. Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
  4. Harrison v. TuggleSupreme Court of Georgia · 1969

3Cited by4 opinions

  1. Burgess v. Clermont Properties, Inc.Court of Appeals of Georgia · 1977
  2. Gurley v. East Atlanta Land Co., Inc.Supreme Court of Georgia · 2003
  3. Southeastern Highway Contracting Co. v. State Highway DepartmentCourt of Appeals of Georgia · 1973
  4. State Highway Department v. Charles R. Shepherd, Inc.Court of Appeals of Georgia · 1969

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