COASTAL SERVICE, INC. v. JACKSON et al., 223 Ga. 238, 154 S.E.2.d 365 (1967)

Supreme Court of Georgia, (March 13, 1967)

Docket number: 23978
SUBMITTED

NICHOLS, Justice. - SUBMITTED
Permanent Link: http://vlex.com/vid/coastal-service-inc-v-jackson-et-20413989
Id. vLex: VLEX-20413989

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Summary:

Judgment affirmed. All the Justices concur.

Citations:

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Cited by:

Supreme Court of Georgia - GILBERT v. JACKSON et al., 223 Ga. 242, 154 S.E.2.d 366 (1967)

Georgia Court Of Appeals - Moreton Rolleston, Jr. Living Trust v. Glynn County Board of Tax Assessors., 228 Ga. App. 371, 491 S.E.2d 812 (1997)

Supreme Court of Georgia - HILTON CONSTRUCTION COMPANY, INC. v. ROCKDALE COUNTY BOARD OF EDUCATION et al.; and vice versa., 245 Ga. 533, 266 S.E.2.d 157 (1979)

Text:

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Marion O. Gordon, Assistant Attorneys General, for appellees.Hudson & Stula, Jim Hudson, for appellant.

1. "Mandamus is ordinarily considered as a remedy for official inaction. City of Atlanta v. Wright, 222 Ga. 681, 685 (151 SE2d 703).

2. Whereas in the present case the plaintiff submitted a bid to perform a service which included the furnishing of vending machines, keeping the same in repair and properly stocked, and the invitation clearly stated price was not the only consideration and the contract for such services has been awarded prior to the filing of the action for mandamus, even assuming that mandamus will lie where there has been a gross abuse of discretion (see City of Atlanta v. Wright, 119 Ga. 207, supra),the allegations in the plaintiff's petition do not make such a case. Accordingly, the trial court did not err in sustaining the defendant's general demurrer and dismissing the petition.

1967

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