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COLUMBIA NITROGEN v. DEAN'S POWER OIL

51065.

136 Ga. App. 879 (1975)

222 S.E.2d 602

COLUMBIA NITROGEN CORPORATION v. DEAN'S POWER OIL COMPANY, INC.

Court of Appeals of Georgia.

Decided November 6, 1975.

Rehearing Denied December 4, 1975.

Attorney(s) appearing for the Case

Whelchel & Whelchel, John M. Carlton, Jr., Sanders, Hester, Holley, Askin & Dye, for appellant.

Fallin & Kirbo, Billy G. Fallin, for appellee.

CLARK, Judge.

Defendant Columbia Nitrogen Corporation appeals from the denial of its motion for summary judgment with the requisite review certificate. Finding no genuine issue of material fact we reverse.

Dean's Power Oil Company ("buyer") sued Columbia Nitrogen Corporation ("seller" or "Columbia") for breach of a land sales contract. The complaint seeks either specific performance (count one) or pecuniary damages (count two) arising on account of seller...

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