BABCOCK v. DAVIS REALTY COMPANY

51850.

138 Ga. App. 236 (1976)

225 S.E.2d 711

BABCOCK v. DAVIS REALTY COMPANY.

Court of Appeals of Georgia.

Decided March 9, 1976.

Rehearing Denied March 25, 1976.


Attorney(s) appearing for the Case

Munday & Gammage, William D. Sparks, for appellant.

Jones, Robbins & Macleod, Frank H. Jones, for appellee.


WEBB, Judge.

Davis Realty Company brought suit against Donald Babcock on a promissory note. Babcock answered and counterclaimed, alleging that the note had been executed in connection with the purchase of a house and lot from plaintiff and that the house had certain described defects. Babcock testified, however, on deposition that he moved into the house on July 4, 1969; that the sale was subsequently closed on August 12; that he found the defects the day he moved...

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