AVEY v. FIRST NATIONAL BANK OF ATLANTA

18926.

211 Ga. 569 (1955)

87 S.E.2d 411

AVEY v. FIRST NATIONAL BANK OF ATLANTA et al., executors.

Supreme Court of Georgia.

Decided May 9, 1955.


Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, George B. Haley, Jr., for plaintiff in error.

Eugene T. Branch, Bird & Howell, contra.


DUCKWORTH, Chief Justice.

The petition, seeking specific performance of an option to purchase 2 1/2 shares of corporate stock and affirmatively showing that the option relied upon expressly provided that it must in any event be exercised by January 1, 1949, and that there was no attempt to exercise said option until after January 1, 1949, shows on its face that no cause of action is alleged, and the court did not err in sustaining the general demurrer and in dismissing...

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