113 Ga. App. 850 | Ga. Ct. App. | 1966
Contrary to the allegations of the petition
Furthermore, even if the defendant’s promise to pay the stated retirement income had been supported by a valuable consideration, it is our opinion that the defendant’s obligation was owed to the decedent personally and would have been extinguished by his death. The agreement as set forth in the letter of September 6, 1963, clearly contemplated that the payment of retirement income was to be made during the lifetime of the decedent since it was provided that after the expiration of two years consideration would be given to further retirement income, the possibility of future re-employment was discussed, and specific arrangements were made for the benefit of the decedent’s widow in the event of his death. These factors clearly distinguish this case from that of Ulmann v. Sunset-McKee Co., 221 F2d 128, cited by the plaintiff in support of her contention that the decedent’s right to the sum of $12,000 as retirement income was absolute and vested before his death.
The amended petition did not state a cause of action and the trial court did not err in dismissing the petition on general demurrer.
Judgment affirmed.