Wehunt v. Pritchett

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The written contract sought to be specifically performed in count one contained the clause: “This contract is conditioned upon the final consummation of the sale of property known as 605 Spencer Street, East Point, Georgia, as per contract secured by Tucker Realty Co.” While it is alleged that the petitioner was the owner of the Spencer Street property, and that the provision regarding its sale was put into the contract for his benefit alone, nevertheless, the obligations in the sales contract were not mutually binding in that,…