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McKOY v. SMITH

33179.

82 Ga. App. 645 (1950)

61 S.E.2d 926

McKOY v. SMITH.

Court of Appeals of Georgia.

Rehearing Denied November 16, 1950.

Attorney(s) appearing for the Case

Noah J. Stone, Frank A. Doughman, for plaintiff.

R. R. Tisdale, A. E. Wilson, for defendant.

FELTON, J.

This action is predicated on the provision of the written contract which obligates the defaulting party to pay the commission. The petition fails to show liability on the part of the seller for the reason that the contract was only conditionally binding on the purchaser and that was when he obtained the necessary loan or loans. The seller would not be in default until the purchaser obtained the loan or loans within a reasonable time and tendered the full...

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