NICHOLS, Justice.
Transamerica was surety for Duncan and Associates, a general contractor. Duncan was performing work for the City of Villa Rica, but had some problems. Duncan asked Transamerica to assist them in completing the construction work, and Transamerica did so. Later, S. L. Mullin, Inc., filed a garnishment proceeding against Duncan naming the City of Villa Rica as garnishee. The City paid $42,183.69 into the registry of the court relative to this action...
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