Steel v. Payne

42 Ga. 207

Opinion

Warner, J.

There was such a part performance of the contract on the part of the plaintiff, on the statement of facts contained in the record as would take the case out of the provisions of the 5th paragraph of the 1940th section of the Code, and it was error in the Court below to dismiss the plaintiff’s action.

Let the judgment of the Court below be reversed.