COLE v. CUTLER

36990.

96 Ga. App. 891 (1958)

102 S.E.2d 82

COLE v. CUTLER.

Court of Appeals of Georgia.

Decided January 21, 1958.


Attorney(s) appearing for the Case

Robert Carpenter, A. Tate Conyers, for plaintiff in error.

Phillips & Johnson, contra.


QUILLIAN, Judge.

This is an action for money had and received. The plaintiff's right of recovery depended upon her right to rescind a contract by the terms of which she agreed under certain conditions to buy described realty. She paid $1,100 earnest money to the real-estate broker who negotiated the sale. It was against the real-estate broker that she asserted her right to rescind the contract and recover the earnest money. The seventh paragraph of the petition alleged...

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