Owens v. Glover Grocery Co.

Court of Appeals of Georgia

Owens v. Glover Grocery Co.

148 S.E. 541, 39 Ga. App. 798, 1929 Ga. App. LEXIS 558

CourtCourt of Appeals of Georgia

DecidedJune 11, 1929

Docket19593

StatusPublished

This text of 148 S.E. 541 (Owens v. Glover Grocery Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owens v. Glover Grocery Co., 148 S.E. 541, 39 Ga. App. 798, 1929 Ga. App. LEXIS 558 (Ga. Ct. App. 1929).

Pincite

Opinion

Luke, J.

1. Where A and B wish to buy the same property, and A has negotiated with the owner to the extent that the latter will not negotiate with B until the negotiations with A have terminated, a promissory note given by B to A in consideration of the withdrawal by A from further negotiations and the surrender to B of his right to purchase, is not without consideration, and therefore, according to its terms, is enforceable. See Civil Code (1910), § 4242; Burruss v. Smith, 75 Ga. 710 (2).

2. The exceptions to the charge of the court, when the charge is read in its entirety and is applied to the issues raised by the pleadings and the evidence, do not show error.

3. The evidence, though in sharp conflict, was sufficient to authorize the verdict. The trial judge having approved the verdict, and no error appearing for any reason pointed out in the record, a new trial was properly denied.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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