Sachs v. Swartz

Grice, Chief Justice.

Ralph R. Sachs and George H. Williams appeal from the judgment in the Superior Court of Cobb County denying their motion for summary judgment and granting the motion for summary judgment of William H. Swartz.

The appellants brought an action against the appellee alleging essentially: that the appellants as sellers and the appellee as purchaser entered into a contract for the sale of described realty; that the contract provided that the purchaser had paid $10,000 to be held in escrow until the closing, and that, if the sale was not consummated because of the default of the…