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SELLERS v. CITY OF SUMMERVILLE

17539, 17540.

208 Ga. 361 (1951)

67 S.E.2d 137

SELLERS v. CITY OF SUMMERVILLE; et vice versa.

Supreme Court of Georgia.

Decided September 12, 1951.

Rehearing Denied October 11, 1951.

Attorney(s) appearing for the Case

Horace T. Clary, Jesse M. Sellers, and Jesse M. Sellers Jr., for plaintiff.

Wright, Rogers, Magruder & Hoyt, for defendant.

ALMAND, Justice.

Where the performance of one party to a contract is conditioned upon the performance of certain acts on the part of the other party before the contract becomes absolutely obligatory, such condition must be performed. Code, § 20-110. So, when a plaintiff's right to recover on a contract depends upon a condition precedent to be performed by him, he must allege and prove the performance of such condition or allege sufficient legal cause for its...

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