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Lawskills.com Georgia Caselaw
AVEY v. FIRST NATIONAL BANK OF ATLANTA et al., executors.
18926.
DUCKWORTH, Chief Justice.
Specific performance. Before Judge Whitman. Fulton Superior Court. January 28, 1955.
The petition, seeking specific performance of an option to purchase 2 1/2 shares of corporate stock and affirmatively showing that the option relied upon expressly provided that it must in any event be exercised by January I, 1949, and that there was no attempt to exercise said option until after January 1, 1949, shows on its face that no cause of action is alleged, and the court did not err in sustaining the general demurrer and in dismissing the petition. Prior v. Hilton & Dodge Lumber Co., 141 Ga. 117, 118 (80 S. E. 559); Hughes v. Holliday, 149 Ga. 147 (99 S. E. 301); Broadwell v. Smith, 152 Ga. 161 (108 S. E. 609); West View Corp. v. Alston, 208 Ga. 122, 127 (65 S. E. 2d 406).
Smith, Kilpatrick, Cody, Rogers & McClatchey, George B. Haley, Jr., for plaintiff in error.
ARGUED APRIL 12, 1955 -- DECIDED MAY 9, 1955.
Wednesday July 9 03:15 CDT


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