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FOSTER v. CHEEK

19513.

212 Ga. 821 (1957)

96 S.E.2d 545

FOSTER et al. v. CHEEK, by Guardian, et al.

Supreme Court of Georgia.

Decided January 14, 1957.

Rehearing Denied February 13, 1957.

Attorney(s) appearing for the Case

Hal M. Smith, for plaintiffs in error.

A. R. Ross, Will Ed Smith, contra.

WYATT, Presiding Justice.

1. The plaintiff in error first contends that the alleged contract of adoption ought not to be specifically performed because there was no valid contract, for the reason the alleged agreement was made with persons who were not competent to contract with reference to the subject matter of the alleged contract. Without deciding whether or not a person or persons having the parental powers is a competent party to

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