Lakeshore Plaza Enterprises, Inc. v. Benning Construction Co.
This text of 241 S.E.2d 627 (Lakeshore Plaza Enterprises, Inc. v. Benning Construction Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Our opinion in this case, 143 Ga. App. 58 (237 SE2d 524) having been reversed by the Supreme Court (Benning Const. Co. v. Lakeshore Plaza Enterprises, Inc., 240 Ga. 426), it is hereby vacated. In accordance with the opinion of the Supreme Court, the action of the trial court granting judgment on the pleadings to Benning Construction Company as to Count 2 of the complaint is affirmed. The judgment on the pleadings, so far as it affects Count 1 of the complaint, is reversed and the case remanded to the trial court "to determine when Benning was notified of the alleged defects which Lakeshore contends were covered by the one-year guarantee, with direction that the statute of limitations in Code Ann. § 3-705 be applied from that date.”
Judgment reversed in part and remanded with direction.
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Cite This Page — Counsel Stack
241 S.E.2d 627, 144 Ga. App. 518, 1978 Ga. App. LEXIS 1662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakeshore-plaza-enterprises-inc-v-benning-construction-co-gactapp-1978.