DOZIER v. SHIRLEY

32741.

240 Ga. 17 (1977)

239 S.E.2d 343

DOZIER et al. v. SHIRLEY.

Supreme Court of Georgia.

Decided October 21, 1977.


Attorney(s) appearing for the Case

Downey, Cleveland & Moore, John H. Moore, for appellants.

Robert L. Collins, Jr., for appellee.


HALL, Justice.

Appellant unsuccessfully sought specific performance of a release provision in a security deed, which required appellee (the seller) to release 20% of the property from the deed to secure debt at the time of closing. Nearly two years after closing, but before any default, appellant demanded a release under this provision. Appellee refused upon learning from appellant of an imminent default on a substantial interest...

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