Kirk v. First Georgia Investment Corp.

Hall, Justice.

This is an appeal from an order of the Superior Court of Heard County denying appellant’s motion for summary judgment and granting appellee’s motion for summary judgment. The original action was brought by the appellee who sought specific performance of certain release provisions in a deed to secure debt.

In 1973, A. D. Cannon, Jr. purchased 587.78 acres of land from the appellants. The total purchase price was $270,000, $60,000 of which was paid in cash at closing. A promissory note for $210,000 which was secured by the property was executed in payment of the balance. The terms…