Nixon v. Brown

Mobley, Presiding Justice.

In the prior decision in this case, Nixon v. Brown, 223 Ga. 579 (157 SE2d 20), this court held that the plaintiff’s petition stated a cause of action for cancellation of a warranty deed given by the plaintiff Brown to the defendant Nixon; that the plaintiff’s amended petition alleged that the defendant promised to perform certain acts as consideration for the execution of a deed and that the defendant made this promise with a present intention not to comply with it; that the defendant denied each of these material allegations, which gave rise to issues of material…