CITY OF ATLANTA v. LUNSFORD

39321.

105 Ga. App. 247 (1962)

124 S.E.2d 493

CITY OF ATLANTA v. LUNSFORD.

Court of Appeals of Georgia.

Decided January 29, 1962.


Attorney(s) appearing for the Case

J. C. Savage, Martin McFarland, for plaintiff in error.

Poole, Pearce & Hall, William F. Lozier, contra.


EBERHARDT, Judge.

1. No mention of interest is made in Code § 36-603, which is the section applicable here. It simply provides that, in the event the final judgment fixing the amount to be paid for the land taken is less than the amount of the award of the assessors, the condemnee shall be bound to refund any excess paid to or received by him.

"The law allows interest only because of a contract, express or implied, for its payment, or as damages...

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