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SMITHLOFF v. BENSON

69401, 69402.

173 Ga. App. 870 (1985)

328 S.E.2d 759

SMITHLOFF v. BENSON. AMERICAN NATIONAL BANK OF GADSDEN, ALABAMA et al. v. SMITHLOFF.

Court of Appeals of Georgia.

Decided March 14, 1985.

Attorney(s) appearing for the Case

Allan L. Galbraith, for appellant (case no. 69401).

Emory A. Schwall, John C. Mayoue, for appellee.

John C. Mayoue, for appellants (case no. 69402).

Emory A. Schwall, Allan L. Galbraith, for appellee.

BEASLEY, Judge.

This appeal and cross-appeal arise out of a real estate sales contract. They are joined for purposes of this opinion.

On November 12, 1981, appellant Smithloff executed a contract to purchase certain improved real property; the closing was to be two months later. Appellee Benson d/b/a Benson Realty Company executed the contract as broker and the now-deceased Bowman was the seller of the property. Pursuant to the contract, purchaser Smithloff...

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