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90 Ga. App. 438

83 S.E.2d 245

Williams v. Gottlieb

Court of Appeals of Georgia

Decided July 15, 1954

Court of Appeals of Georgia · decided 1954-07-15

Relies on 78 Ga. App. 68 - Stanaland v. Stephens · McDaniel v. Gray & Co. · Trust Co. v. Neal

Good law ✅— No negative treatment on recordhow we know

Decided 1954-07-15

How this case has been cited

Cited by 18 later decisions — most recently October 1997

18 state decisions

11019541960197019801990decided

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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Felton, C. J.

¶1 1. A real-estate contract for the sale of property which provides, “The purchase ¡price of said property shall be: Fourteen thousand and no/100 dollars, $14,000.00, to be paid as follows: Buyer to secure $10,000 loan, Balance of $4,000 cash,” is too indefinite to be enforceable and the vendee thereunder may elect not to perform under the contract and recover the earnest money paid under the purported contract to the agent of the vendor. Erwin v. Hardin, 187 Ga. 275 (200 S. E. 159); Reid v. Hemphill, 82 Ga. App. 391, 395 (2) (61 S. E. 2d 201); Trust Company of Georgia v. Neal, 161 Ga. 965 (1,2) (132 S. E. 385); Stanaland v. Stephens, 78 Ga. App. 68, 69 (2) (50 S. E. 2d 258); Brown v. White, 73 Ga. App. 524 (37 S. E. 2d 213); Southeastern Realty Co. v. Griffin, 38 Ga. App. 220 (143 S. E. 435); Lightfoot v. King, 25 Ga. App. 80 (102 S. E. 468).

¶2 2. The cases of Gray & Co. v. McDaniel, 73 Ga. 118 and McDaniel v. Gray & Co., 69 Ga. 433 are not applicable to the instant case as they deal with instances where the vendee defaults on an enforceable contract.

¶3 .3. The payment of the earnest money under the purported contract was not a voluntary payment under Code § 20-1007. See Cloud v. Bagwell, 83 Ga. App. 769, 773 (64 S. E. 2d 921).

¶4 The court did not err in denying the motion for new trial.

¶5 Judgment affirmed.

Quillian and Nichols, JJ., concur.
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