Tucker v. Whitehead

Shulman, Judge.

Plaintiff, H. M. Whitehead, Jr., brought suit against defendant, Mrs. Jean B. Tucker, for breach of contract. Defendant had employed plaintiff to design a shopping center, providing by contract that should the project be adandoned, “the architect [plaintiff] will be due actual out-of-pocket expense to [the date of abandonment].” The defendant subsequently sold the land upon which the shopping center was to have been built to a third party, Naradel of Georgia, Inc. (not a party to this appeal).

Although the agreement for the purchase of the property allegedly required Naradel to…