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FOSTER & CO. GEN. CONTRACTORS v. HOUSE HVAC

No. A05A2285.

627 S.E.2d 188 (2006)

277 Ga. App. 595

FOSTER & COMPANY GENERAL CONTRACTORS, INC. et al. v. HOUSE HVAC/MECHANICAL, INC.

Court of Appeals of Georgia.

February 14, 2006.

Attorney(s) appearing for the Case

Smith, Curry & Hancock, Philip E. Beck, Christopher B. Holleman, Atlanta, for appellants.

Smith, Welch & Brittain, William A. White, McDonough, for appellee.

ELLINGTON, Judge.

Foster & Company General Contractors, Inc. ("Foster") and Travelers Casualty & Surety Company of America ("Travelers") appeal the trial court's order (i) granting summary judgment to House HVAC/Mechanical, Inc. ("House") and (ii) denying summary judgment to Foster and Travelers, on House's breach of contract action. We reverse for the reasons set forth below.

Summary judgment is proper when there is no genuine issue of material fact...

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