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TYBRISA COMPANY v. TYBEELAND

22685.

220 Ga. 442 (1964)

139 S.E.2d 302

TYBRISA COMPANY, INC. et al. v. TYBEELAND, INC. et al.

Supreme Court of Georgia.

Decided November 5, 1964.

Rehearing Denied November 19, 1964.

Attorney(s) appearing for the Case

Marvin O'Neal, Jr., David H. Fritts, for plaintiffs in error.

Aaron Kravitch, E. J. Goodwin, Phyllis Kravitch, John Wright Jones, contra.

DUCKWORTH, Chief Justice.

While the covenants in the deed to secure debt to pay all taxes which may be imposed or which may otherwise accrue, and to pay any debt thereby secured, might or might not have been breached by the failure to pay taxes due May 1, 1964, or to pay the $2,012.72 which was a part of the purchase price held in escrow until certain things had been done, yet the undisputed evidence shows an unquestioned...

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