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203 Ga. 347

46 S.E.2d 498

Pantone v. Pantone

Supreme Court of Georgia

Decided February 12, 1948

Supreme Court of Georgia · decided 1948-02-12

Relies on Brinson v. Hester

Good law ✅— No negative treatment on recordhow we know

Decided 1948-02-12

How this case has been cited

Cited by 17 later decisions — most recently April 1983

15 state decisions

7019481950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, Justice.

¶1 Where a promise was made by a grantee as an inducement or consideration for the execution of a warranty deed by the grantors, by which promise he agreed to maintain the home place con *348 veyed, keep up repairs, pay taxes, and not get married, but keep it as a home which the grantors could use as they had done during their mother’s lifetime, and where approximately seven years later the grantee married, moved his wife into the home, and claimed it as his individual property, evidence showing a mere failure to comply with his promise was insufficient to establish an inceptive fraudulent intent; and there being no other evidence showing that at the time the agreement was made it was done with intent to defraud, the trial judge did not err in granting a nonsuit. Brinson v. Hester, 185 Ga. 761 (1, 2) (196 S. E. 412).

No. 16105. February 12, 1948. Dykes & Dykes, for plaintiffs. Fort & Fort and Benjamin F. Neal, for defendant.

¶2 Judgment affirmed.

All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case.
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