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BERSTON v. FUTO

37015.

97 Ga. App. 5 (1958)

102 S.E.2d 87

BERSTON v. FUTO.

Court of Appeals of Georgia.

Decided January 23, 1958.

Attorney(s) appearing for the Case

Edward E. Carter, William R. Harp, for plaintiff in error.

Haas, Holland & Blackshear, M. H. Blackshear, Jr., contra.

TOWNSEND, Judge.

1. Counsel for the defendant contends that a reading of the petition shows only an alleged breach of contract resulting from late performance, and that by the subsequent agreements between the parties late performance was waived. The petition shows more, however, for it alleges not only late performance but failure to perform, for there is a positive allegation that from April 1, 1954, to February 18, 1956...

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