SMITH v. AGGREGATE SUPPLY CO., INC.

19993.

214 Ga. 20 (1958)

102 S.E.2d 539

SMITH v. AGGREGATE SUPPLY COMPANY, INC.

Supreme Court of Georgia.

Decided March 7, 1958.


Attorney(s) appearing for the Case

D. B. Howe, Harold L. Murphy, for plaintiff in error.

Robert A. Edwards, Murphy & Murphy, Thomas B. Murphy, James R. Murphy, contra.


MOBLEY, Justice.

1. (a) In their brief counsel for the defendant state that the demurrers to the petition are based upon matters which are contended to be defects in the contract between the parties and not upon the allegations of the petition, and they further concede that whether the contract violates the rule against perpetuities depends on whether said contract is an option or a lease. They contend that the contract creates only an option to purchase minerals...

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