(Download) "Kiser Et Al. v. Godwin" by Court of Appeals of Georgia # eBook PDF Kindle ePub Free
eBook details
- Title: Kiser Et Al. v. Godwin
- Author : Court of Appeals of Georgia
- Release Date : January 14, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The executors of the estate of Lucy Peel Kiser brought an action against James B. Godwin upon substantially the following allegations: In March of 1952, the executors and Godwin were engaged in negotiations for the sale of the deceased's residence. Godwin made a written offer on March 31, 1952, to purchase the property for $100,000 cash and a note for $35,000 payable on or before six months after the closing date. The executors rejected Godwin's offer, whereupon he proposed that, if the executors would accept his original offer to purchase the Kiser property, and if all lots proposed to be subdivided from the Kiser property were sold before the purchase-money note became due, then he would agree to pay $5,000 to the executors in addition to the stipulated price of $135,000. Godwin delivered a signed letter to the executors on March 31, in which he stated: ""The buyer agrees, in the event of sale of all lots proposed to be subdivided from said property prior to the due date of the final payment note, to pay the executors of said estate $5,000 in addition to the original purchase price of $135,000."" The executors accepted this proposal and entered into a contract on April 2, 1952, for the sale of the property for $135,000, on the terms as set out in the original written offer. The sale contract contained the following provision: ""This contract constitutes the sole and entire agreement between the parties and no modification hereof shall be binding unless attached hereto and signed by each; and no representations, promises or inducements shall be binding upon either party or agent except as herein stated."" All the lots proposed to be subdivided from the Kiser property were sold before the due date of the final note, and so the event, upon which the payment of $5,000 by Godwin was contingent, has occurred. The court sustained Godwin's general demurrer and dismissed the action, to which judgment the executors except.
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