North Peachtree I-285 Properties Ltd. v. Plunkett

Quillian, Judge.

Our decision in these cases is controlled by our holding in North Peachtree I-285 Properties v. Hicks, 136 Ga. App. 426.

Argued September 2, 1975 Decided October 9, 1975 Rehearing denied November 5, 1975 Newton B. Schwartz, for appellants. Kilpatrick, Cody, Rogers, McClatchey & Regenstein, D. Lurton Massee, Jr., Dennis S. Meir, for appellees.

However, one enumeration of error raised in these cases which was not raised in North Peachtree &c. v. Hicks, supra, requires discussion. Appellant alleges that they had paid to plaintiff Maloof the sums of $25,000 on June 18, 1974 and…