Gignilliat v. Borg

131 Ga. App. 182 (1974)

205 S.E.2d 479

GIGNILLIAT

v.

BORG.

48730.

Court of Appeals of Georgia.

Argued November 8, 1973.

Decided February 14, 1974.

Rehearing Denied March 7, 1974.

Rees R. Smith, for appellant.

Heyman & Sizemore, W. Dan Greer, William B. Brown, for appellee.

EBERHARDT, Presiding Judge.

Gignilliat, the appellant, and Orr contracted to purchase from Mrs. Borg certain land in Gwinnett County, delivering Orr's check for $5,000 to Mrs. Borg as earnest money. The purchasers defaulted in closing under the contract terms, and Orr's check was returned by the bank with a notation thereon "account…