(Download) "Dubois v. Ray Et Al." by Court of Appeals of Georgia ~ Book PDF Kindle ePub Free
eBook details
- Title: Dubois v. Ray Et Al.
- Author : Court of Appeals of Georgia
- Release Date : January 02, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Viewing the evidence in the light most favorable to the verdict, the jury was authorized to believe the following: On August 30, 1983 appellees Mr. and Mrs. Ray contracted with appellant Sanford DuBois d/b/a Duke Aluminum Supply Warehouse for the installation of vinyl siding and aluminum gutters onto the Rays' home. The contract contained the following language: ""Seller agrees to do all work in a workmanlike and legal manner, according to standard practice. Seller agrees to use only those materials that meet or exceed standard specifications for their intended purposes."" The total contract amount was $5,340. Appellant's subcontractors began work on the home in September 1983. During the course of the performance of this work, Mr. Ray questioned the manner in which the work was being performed and made requests that it be corrected. Although appellant agreed to do so, not all corrections were made. On October 8, 1983 appellant arrived at the Rays' home contending that the work was finished and seeking payment. Mr. Ray called his attention to the work about which he had complaints. When appellant indicated that he would not correct the defects and accused Mr. Ray of intending not to pay him, Mr. Ray stated that he would pay when the defects were corrected. Appellant grabbed Mr. Ray and a scuffle ensued wherein both parties fell to the ground. After Mrs. Ray managed to separate them, appellant shoved Mr. Ray, grabbed him around the neck and threw him to the ground. As the altercation resumed, the police were called. Both appellant and Mr. Ray were arrested. Mrs. Ray took Mr. Ray from the police station to the hospital where he spent five days for treatment of angina.