226 S.E.2d 161
50477, 50478.Court of Appeals of Georgia.ARGUED APRIL 7, 1975.
DECIDED APRIL 20, 1976.
WEBB, Judge.
1. A board of education is a “public board or body” within the meaning of Code Ann. §§ 23-1705 through 23-1709 and is therefore liable to suit if it fails to comply with the statutory requirements for payment bonds on public work contracts. Lance Roofing Co. v. Bd. of Education, 235 Ga. 590 (221 S.E.2d 23), reversing this court’s judgment at 134 Ga. App. 800
(216 S.E.2d 627).
2. Accordingly the trial court did not err in denying (1) the motion to dismiss for failure to state a claim and,
Page 365
(2) since there are issues for jury resolution, the various motions for summary judgment.
Judgments affirmed. Bell, C. J., and Marshall, J., concur.
ARGUED APRIL 7, 1975 — DECIDED APRIL 20, 1976.
Construction contract. Gwinnett Superior Court. Before Judge Pittard.
Stokes, Boyd Shapiro, Thomas J. Wingfield, D. W. Rolader, Robert E. Hicks, Glenn Strother, for appellants.
Webb, Fowler Tanner, Jones Webb, J. L. Edmondson, for appellees.