Montgomery v. Hardy Engineering & Construction Co.

Court of Appeals of Georgia

Montgomery v. Hardy Engineering & Construction Co.

116 S.E.2d 650, 102 Ga. App. 480, 1960 Ga. App. LEXIS 658

CourtCourt of Appeals of Georgia

DecidedSeptember 29, 1960

Docket38435

StatusPublished

This text of 116 S.E.2d 650 (Montgomery v. Hardy Engineering & 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.

Bluebook

Montgomery v. Hardy Engineering & Construction Co., 116 S.E.2d 650, 102 Ga. App. 480, 1960 Ga. App. LEXIS 658 (Ga. Ct. App. 1960).

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Opinion

Felton, Chief Judge.

In an action by a subcontractor against a general contractor to recover damages for an alleged breach of the subcontract by the general contractor the petition is not subject to special demurrer on the ground that a copy of the general contract is not attached to the petition (the general contract being made a part of the subcontract by reference) where the petition alleges that the plaintiff subcontractor had never received a copy of the general contract and that he was unable to obtain a copy from the attorney for -the defendant. Farr v. McCook, 95 Ga. App. 749 (98 S. E. 2d 584); Glover v. Maddox, 98 Ga. App. 548 (106 S. E. 2d 288); Fidelity & Deposit Co. v. Fine, 56 Ga. App. 729, 736 (194 S. E. 58); Roadway Exp. v. Jackson, 77 Ga. App. 341 (4) (48 S. E. 2d 691). The court erred in sustaining the general demurrer to the petition and in dismissing the action.

Judgment reversed.

Nichols, J., concurs. Bell, J., concurs in the judgment.

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Felton, Chief Judge.

In an action by a subcontractor against a general contractor to recover damages for an alleged breach of the subcontract by the general contractor the petition is not subject to special demurrer on the ground that a copy of the general contract is not attached to the petition (the general contract being made a part of the subcontract by reference) where the petition alleges that the plaintiff subcontractor had never received a copy of the general contract and that he was unable to obtain a copy from the attorney for -the defendant. Farr v. McCook, 95 Ga. App. 749 (98 S. E. 2d 584); Glover v. Maddox, 98 Ga. App. 548 (106 S. E. 2d 288); Fidelity & Deposit Co. v. Fine, 56 Ga. App. 729, 736 (194 S. E. 58); Roadway Exp. v. Jackson, 77 Ga. App. 341 (4) (48 S. E. 2d 691). The court erred in sustaining the general demurrer to the petition and in dismissing the action.

Judgment reversed.

Nichols, J., concurs. Bell, J., concurs in the judgment.

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Bluebook (online)

116 S.E.2d 650, 102 Ga. App. 480, 1960 Ga. App. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-hardy-engineering-construction-co-gactapp-1960.

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