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STONE MTN. PROPERTIES v. HELMER

52291, 52292.

139 Ga. App. 865 (1976)

229 S.E.2d 779

STONE MOUNTAIN PROPERTIES, LTD. et al. v. HELMER. STONE MOUNTAIN PROPERTIES, LTD. et al. v. MITCHELL.

Court of Appeals of Georgia.

Decided September 28, 1976.

Rehearings Denied October 15, 1976.

Attorney(s) appearing for the Case

Hansell, Post, Brandon & Dorsey, Charles E. Watkins, Jr., Lawrence S. Burnat, for appellants.

Ferrin Y. Mathews, for appellees.

WEBB, Judge.

On December 23, 1971, Bobby Mitchell entered into a contract to buy certain real estate from Stone Mountain Properties, Ltd., a limited partnership. Mitchell's promise to purchase the property was conditioned upon Special Stipulation 6, which provided as follows: "This contract is made contingent upon Purchaser's being able to obtain approval from the Seaboard Airline Railroad to run a spur rail line into the property at a location satisfactory to...

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