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STATE HWY. DEPT. v. HEWITT CONTR. CO.

41860.

113 Ga. App. 685 (1966)

149 S.E.2d 499

STATE HIGHWAY DEPARTMENT v. HEWITT CONTRACTING COMPANY.

Court of Appeals of Georgia.

Decided April 14, 1966.

Rehearing Denied May 18, 1966.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, for appellant.

Greene, Neely, Buckley & DeRieux, Ferdinand Buckley, John D. Jones, C. Richard McQueen, B. Hugh Burgess, for appellee.

JORDAN, Judge.

1. This case was transferred to the Supreme Court by this court because of the allegations and prayers of count 5 of the petition seeking rescission of the contract on the ground of mutual mistake so that recovery could be had, independently of the contract, for the reasonable value of all the work performed and of all the materials furnished in the construction of the highway project on the basis of quantum meruit. In State Hwy. Dept. v. Hewitt...

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