Cutcliffe v. Chesnut

Clark, Judge.

This case originated by a complaint alleging defendant Cutcliffe had received $25,000 from plaintiff’s testator, John Harvey Chesnut, for the purpose of effect ing a stock purchase for the latter but that the stock was never delivered to him during his lifetime nor was the money returned to Chesnut or to his executor or to anyone on his behalf.

This appeal marks the second appearance of this case. On the prior appeal reported as Cutcliffe v. Chesnut, 122 Ga. App. 195 (176 SE2d 607), a summary judgment granted plaintiff was considered. This court then ruled a breach of contract of…