SUTTON, C. J.
The two cases before this court arose out of a single action in Fulton Superior Court by Mrs. S. W. (Mary) Hemphill, as executrix of the estate of S. W. Hemphill, against J. A. Reid, H. H. Brantley, Brantley Products Company, and American Tire Company, to recover $7500 paid by S. W. Hemphill to Reid, as agent for the American Tire Company, as a deposit on the purchase of Brantley Products Company, a wholly owned subsidiary of the American Tire Company...
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