BURTON v. EAST POINT MOTORS INC.

18246.

209 Ga. 872 (1953)

76 S.E.2d 700

BURTON et al. v. EAST POINT MOTORS INCORPORATED.

Supreme Court of Georgia.

Decided July 13, 1953.


Attorney(s) appearing for the Case

Jno. M. Slaton, J. Hugh Rogers and Mitchell & Mitchell, for plaintiffs in error.

James L. Flemister and Grant, Wiggins, Grizzard & Smith, contra.


WYATT, Justice.

1. The evidence is undisputed that the plaintiffs knew as early as February, 1948, that the defendant planned to build an automobile salesroom and service department on the lots in question. At that time, no substantial construction had been made. The evidence further shows that, after the work was begun and progressed toward completion, the plaintiffs, although admitting they knew the building was being built and the use to which it was to be put...

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