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PINNACLE CONST. CO. v. OSBORNE

No. A95A1242.

460 S.E.2d 880 (1995)

218 Ga. App. 366

PINNACLE CONSTRUCTION COMPANY et al. v. OSBORNE et al.

Court of Appeals of Georgia.

August 17, 1995.

Attorney(s) appearing for the Case

Zachary & Segraves, William E. Zachary, Jr., Decatur, for appellants.

Johnson & Freeman, Horace J. Johnson, Jr., Atlanta, for appellees.

BIRDSONG, Presiding Judge.

Elbert and Deborah Osborne sued Pinnacle Construction Company for defects in a new house, alleging breach of contract, breach of warranty, fraud and unfair and deceptive trade practices. Pinnacle moved to compel arbitration. In denying this motion, the trial court held that Pinnacle "does not seek to compel arbitration under the terms of the HBW warranty but rather under ... the... contract for purchase and sale of real estate," and that...

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