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W. B. LEEDY & CO. v. SHIRLEY

37157.

97 Ga. App. 801 (1958)

104 S.E.2d 580

W. B. LEEDY & COMPANY v. SHIRLEY.

Court of Appeals of Georgia.

Decided July 3, 1958.

Attorney(s) appearing for the Case

Crenshaw, Hansell, Ware & Brandon, R. W. Crenshaw, Jr., for plaintiff in error.

John L. Westmoreland, John L. Westmoreland, Jr., Claude R. Ross, contra.

QUILLIAN, Judge.

1. Neither count 1 nor count 2 states a cause of action. The basis of these actions, whether for breach of contract or for money had and received, even assuming the latter would lie when recovery for a breach of the written contract would fully compensate the plaintiff, is a commitment to purchase group loans. This contract is as follows:

"W. B. Leedy & Company, Inc.

Birmingham, Alabama

Commitment to Purchase Group...

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