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NICKELSON v. OWENBY

17541.

208 Ga. 352 (1951)

66 S.E.2d 828

NICKELSON v. OWENBY.

Supreme Court of Georgia.

Decided September 10, 1951.

Rehearing Denied October 11, 1951.

Attorney(s) appearing for the Case

Rex T. Reeves and Mitchell & Mitchell, for plaintiff in error.

George Carroll, Douglas, Evans & Cole, and Scott Hogg, contra.

WYATT, Justice.

Roy S. Owenby filed his suit against Chester P. Nickelson, seeking specific performance of an alleged contract for the sale of described real estate. The petition was demurred to on two grounds. The first was that the contract was so indefinite that specific performance could not as a matter of law be decreed; and the second, that the petition failed to allege a tender of the amount due under the terms of the alleged contract. The trial judge overruled...

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