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WALTER L. TALLY, INC. v. COUNCIL

40538.

109 Ga. App. 100 (1964)

135 S.E.2d 515

WALTER L. TALLY, INC. v. COUNCIL.

Court of Appeals of Georgia.

Decided February 7, 1964.

Attorney(s) appearing for the Case

Claude Hambrick, for plaintiff in error.

Paul T. O'Connor, contra.

JORDAN, Judge.

"`Where the vendor breaches an executory contract for the sale of land, the vendee, if not himself in default, may elect to rescind the contract and recover the amount he has paid on the purchase price.' Anno. 59 A.L.R. 189, 223, citing many authorities, including: McDaniel v. Gray & Co., 69 Ga. 433; Lightfoot v. Brower, 133 Ga. 766 (66 SE 1094); Higgins v. Kenney, 159 Ga. 736, 747 (126 SE 837, 40 A.L.R. 685); Mehrtens v...

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