BROWN v. HURLEY

45491.

122 Ga. App. 545 (1970)

177 S.E.2d 845

BROWN v. HURLEY.

Court of Appeals of Georgia.

Decided September 30, 1970.


Attorney(s) appearing for the Case

Spencer & Smith, Henry G. Smith, Jr., for appellant.

Aultman, Hulbert, Buice & Cowart, Tom W. Daniel, Lawrence C. Walker, Jr., for appellee.


HALL, Presiding Judge.

In a suit for the return of earnest money, defendant builder appeals from the denial of his motion for summary judgment.

Defendant is relying upon a clause in a contract made in November which provides for the forfeiture of the earnest money in the event of a repudiation or anticipatory breach by the buyer. Assuming without deciding that the buyer did repudiate this contract, there is a genuine issue on several material facts concerning...

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