WILLIAM H. BENTON COMPANY v. IRVINDALE DAIRIES, INC.

24906.

224 Ga. 780 (1968)

164 S.E.2d 819

WILLIAM H. BENTON COMPANY v. IRVINDALE DAIRIES, INC.

Supreme Court of Georgia.

Decided November 7, 1968.

Rehearing Denied November 21, 1968.


Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, Tench C. Coxe, James E. Joiner, for appellant.

Heyman & Sizemore, W. Dan Greer, for appellee.


DUCKWORTH, Chief Justice.

This is an action for injunctive relief and reformation of a security deed and note arising out of the purchase of land based upon a mutual mistake of two parties as to the sale price. The petition shows the following facts. The land was purchased by the tract based upon a price arrived at by determining the actual usable land and paying $45,000 per usable acre. Using a survey, which has since been determined to be incorrect, 8.312 acres...

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