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PRICE v. MITCHELL

59358, 59359.

154 Ga. App. 523 (1980)

268 S.E.2d 743

PRICE v. MITCHELL et al. J. L. TODD AUCTION COMPANY v. MITCHELL et al.

Court of Appeals of Georgia.

Decided April 18, 1980.

Rehearings Denied May 6, 1980.

Attorney(s) appearing for the Case

Nathaniel Daniel Wages, for appellant (case no. 59358).

William G. Tanner, J. L. Edmondson, T. Penn McWhorter, Dean Covington, J. Bryant Durham, Jr., for appellees.

J. Bryant Durham, Jr., Dean Covington, for appellant (case no. 59359).

Nathaniel Daniel Wages, William G. Tanner, J. L. Edmondson, for appellees.

CARLEY, Judge.

Appellant-Price engaged the services of the appellant-Todd Auction Company (Todd) to sell his property. Appellee-Mitchell and her now deceased husband were the high bidders at the auction and signed a contract to close the sale within 30 days. The Mitchells paid a $37,000 deposit to Todd, to be retained by Price as liquidated damages in the event of the Mitchells' breach. The Mitchells accepted possession of the property but, before closing, a dispute...

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