Hubert Realty Co. v. Bland

While the contract was void and unenforceable because the provision for the first mortgage of $9000 did not definitely provide how the payments were to be made, whether monthly, annually, semi-annually, or quarterly (Crawford v. Williford, 145 Ga. 550, 89 S. E. 488), the overruling of the general demurrer to the petition necessarily adjudicated that the contract was definite' and enforceable, and the ruling, unexcepted to, became the law of the case.

Whatever may have been wrong with the defendant’s answer and counterclaim, it alleged that the plaintiffs received his money under a contract…