JIM WALTER HOMES v. STRICKLAND

74871, 74987.

185 Ga. App. 306 (1987)

363 S.E.2d 834

JIM WALTER HOMES, INC. v. STRICKLAND et al.; and vice versa. (two cases).

Court of Appeals of Georgia.

Rehearing Denied December 15, 1987.


Attorney(s) appearing for the Case

Ivan H. Nathan, Joseph E. East, Terry A. Dillard, for appellant.

Robert P. Killian, for appellees.


BEASLEY, Judge.

Case No. 74987

The Stricklands appeal from the trial court's denial of their motion to dismiss the appeal.

Mr. and Mrs. Strickland sued to restrain and enjoin foreclosure by Jim Walter Homes (Homes) for their alleged failure to make payments on a promissory note and obligation under a construction agreement, on the ground that there had been a total failure of consideration and breach of the contract by Jim Walter Homes. They...

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