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CARNEY v. SOUTHLAND LOAN CO., INC.

35727.

92 Ga. App. 559 (1955)

88 S.E.2d 805

CARNEY, by Next Friend, v. SOUTHLAND LOAN COMPANY, INC.

Court of Appeals of Georgia.

Adhered To On Rehearing July 26, 1955.

Attorney(s) appearing for the Case

Marvin O'Neal, Jr., John Tyler, for plaintiff in error.

Troutman, Sams, Schroder & Lockerman, Tench C. Coxe, contra.

GARDNER, P. J.

The contract under which Carney made the payments which he seeks to recover in his action is the same contract upon which Southland Loan Company is seeking to recover an unpaid balance in its cross-action. The gist of Carney's action is that he, as a minor, is entitled to repudiate the contract under the provisions of Code § 20-201 and to recover the payments made under the contract, as the automobile...

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