Bolton v. Barber

Hill, Justice.

This appeal is from the denial of a motion for summary judgment by Gladys Cash Bolton, one of the defendant sellers, in an action by the purchaser for specific performance of a written contract for sale of realty, or for damages. The trial judge certified the case for immediate review.

1. In Bolton v. Barber, 232 Ga. 70 (205 SE2d 266), this court held that the complaint was not subject to dismissal for failure to state a claim. The complaint did not include a copy of the contract. The decision stated that appellant’s arguments might be appropriate on a motion for summary…