National City Bank of Rome v. Graham

I concur in the rulings and judgment in Division 1, and dissent from the rulings and judgment in Division 2.

I differ with the majority’s construction of the petition in these respects: The allegations which, in the majority view, show that the seller learned that the plaintiff procured the purchaser after a contract of sale was entered into- (Pars. 14, 15, 16) are simply allegations that on a certain date plaintiff learned that The Citizens & Southern National Bank had made a bid and Brittain Bros. Company had accepted it, whereupon plaintiff took certain action, i.e., informed Brittain Bros.…