145 Ga. 637 | Ga. | 1916
The Knox Eealty Company executed to Yirgil M. A Iverson and Charles B. Alverson, their heirs and assigns, a bond for title dated April 10, 1913, whereby, for a certain consideration of $17000 ($7000 in cash and the remainder in notes falling due in 1914, 1915, and 1916, respectively), it was obligated, upon payment of the notes, to execute to the obligees good and sufficient title to a certain tract or parcel of land fronting 55 feet on Whitehall street, Atlanta, with an accurate description as to the other sides of the lot. On May 12, 1913, the obligees, for a valuable
1. It is insisted by the plaintiff, that, upon his failure to receive 55 feet Whitehall street frontage, there was a breach of the contract of sale on the part of the defendants, and that he had a right to recover of them for the shortage. On the other hand the trial court, in sustaining the demurrer, evidently based his decision on the principle that the contract of sale was consummated by the formal transfer of the bond for titles from the defendants to the plaintiff, which the latter accepted, and the sale then became exb
Judgment affirmed.