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GAINESVILLE ASPHALT v. MERRITT CONTR.

No. A96A0968.

479 S.E.2d 359 (1996)

223 Ga. App. 881

GAINESVILLE ASPHALT, INC. v. MERRITT CONTRACTING, INC.

Court of Appeals of Georgia.

Reconsideration Denied December 9, 1996.

Attorney(s) appearing for the Case

Carey, Jarrard & Walker, R. Thomas Jarrard, Theodore W. Robinson, Gainesville, for appellant.

Stewart, Melvin & Frost, J. Douglas Stewart, Joe B. Sartain, Jr., Gainesville, for appellee.

BIRDSONG, Presiding Judge.

These are the remains of a construction project gone bad. The parties on appeal are the contractor, Gainesville Asphalt, Inc. (appellant) and subcontractor, Merritt Contracting Company, Inc. (appellee). The construction contract was entered in September 1990 with the owner, Road Atlanta Technologies, Inc. Construction commenced and was mostly completed by November 1990. In November 1990, the owner wrote a progress payment check to Gainesville...

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