Legal Opinion
Otwell v. FORSYTH COUNTY ATHLETIC & RECREATION ASSN.
Supreme Court of Georgia
Decided March 8, 1954No. 18479PublishedCited by 4 opinions
1Opinion of the Court
Wyatt, Presiding Justice.
1. The first question presented by this bill of exceptions is whether or not the court erred in denying the oral motion to dismiss the petition. In considering an oral motion to dismiss, the question presented is whether or not the petition sets out a cause of action for any relief. Minnesota Lumber Company v. Hobbs, 122 Ga. 20 (49 S. E. 783).
It is contended in the instant case that the petition does not set out a cause of action because the petition does not allege an unconditional tender of the purchase price. There is no merit in this contention. The petition…
2Cases cited5 opinions
- Irvin v. LockeSupreme Court of Georgia · 1946
- Haslerig v. WatsonSupreme Court of Georgia · 1949
- Minnesota Lumber Co. v. Hobbs & LivingstonSupreme Court of Georgia · 1905
- Saliba v. SalibaSupreme Court of Georgia · 1946
- Bowman v. BowmanSupreme Court of Georgia · 1953
3Cited by4 opinions
- Elliott v. DewSupreme Court of South Carolina · 1975
- Simprop Acquisition Co. v. L. Simpson Charitable Remainder UnitrustCourt of Appeals of Georgia · 2010
- United States Fidelity & Guaranty Co. v. LuttrellCourt of Appeals of Georgia · 1966
- McSherry v. IsraelSupreme Court of Georgia · 1966