BAKER v. DECATUR LUMBER &c. CO.

18842.

211 Ga. 510 (1955)

87 S.E.2d 89

BAKER et al. v. DECATUR LUMBER & SUPPLY CO.

Supreme Court of Georgia.

Decided March 15, 1955.


Attorney(s) appearing for the Case

Carl T. Hudgins, Walter E. Baker, Jr., for plaintiffs in error.

Wm. E. Zachary, Zachary & Hunter, contra.


HEAD, Justice.

1. The answer of the defendant having been served on counsel for the plaintiff on June 17, 1952, and the case not having proceeded to trial until April 28, 1953, the plaintiff had notice for more than ten months that the defendant was relying upon the provision of the deed with reference to it securing "any other present or future indebtedness or liability." The validity of this provision of the deed was at issue in the first trial of the cause, and...

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