Gilbert v. Cherry

Evans, Judge.

Earl K. Cherry borrowed $7,600 from J. Carl Gilbert in order to pay off certain liens on certain property and the balance was to be paid to Cherry before Cherry became a candidate for the office of county school superintendent. Cherry gave Gilbert a note and a third loan deed on two houses under construction in Clayton County, Georgia. Gilbert did not actually pay over to Cherry the $7,600 above-mentioned, but agreed to pay off the various liens on Cherry’s property. One of the liens to be paid off was a second loan deed and note. Thereafter, without the knowledge of Cherry,…