Avey v. First National Bank

Supreme Court of Georgia

Avey v. First National Bank

87 S.E.2d 411, 211 Ga. 569, 1955 Ga. LEXIS 392

CourtSupreme Court of Georgia

DecidedMay 9, 1955

Docket18926

StatusPublished

Cited by1 cases

This text of 87 S.E.2d 411 (Avey v. First National Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Avey v. First National Bank, 87 S.E.2d 411, 211 Ga. 569, 1955 Ga. LEXIS 392 (Ga. 1955).

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Opinion

Duckworth, Chief Justice.

The petition, seeking specific performance of an option to purchase 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 1, 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).

Judgment affirmed.

All the Justices concur, except Wyatt, P. J., absent on account of illness.

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Duckworth, Chief Justice.

The petition, seeking specific performance of an option to purchase 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 1, 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).

Judgment affirmed.

All the Justices concur, except Wyatt, P. J., absent on account of illness.

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87 S.E.2d 411, 211 Ga. 569, 1955 Ga. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avey-v-first-national-bank-ga-1955.

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