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MARLER v. RIVER-CREEK ASSOCIATES

51856.

138 Ga. App. 471 (1976)

226 S.E.2d 311

MARLER v. RIVER-CREEK ASSOCIATES.

Court of Appeals of Georgia.

Decided April 27, 1976.

Attorney(s) appearing for the Case

McDonald & DuPree, Hylton B. DuPree, Jr., for appellant.

Gambrell & Mobley, Robert D. Feagin, Kent B. Massie, for appellee.

STOLZ, Judge.

When defendant Marler failed to close on a land sale contract, River-Creek (seller) sued him for the contract price less the fair market value at the closing date, also providing evidence of the price at which the plaintiff had effected a cover sale to a third party ($27,000 less than the contract price) as mitigation of damages. The plaintiff also claimed interest and expenses for litigious conduct. The...

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