Legal Opinion
Atlanta Title & Trust Co. v. Erickson
Court of Appeals of Georgia
Decided July 16, 1942No. 29365PublishedCited by 4 opinions
1Opinion of the Court
When in a written instrument, a seller covenants to furnish to the prospective purchaser " a good and merchantable title" to the property bargained for, he is bound to furnish a title valid in fact and merchantable. A merchantable title is one that can again be sold to a reasonable purchaser, or would be accepted by a person of reasonable prudence to secure a loan.
DECIDED JULY 16, 1942. REHEARING DENIED JULY 30, 1942.
J. R. Erickson brought suit in the civil court of Fulton County against Atlanta Title Trust Company to recover $100 which he had paid to the company as "earnest money" to bind…
Also in this document: Concurrence · MacIntyre; Concurrence · MacIntyre.
2Cases cited11 opinions
- Redwine v. FrizzellSupreme Court of Georgia · 1937
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Horne v. RodgersSupreme Court of Georgia · 1901
- Setze v. First National BankSupreme Court of Georgia · 1913
- Wilson v. AldenderferSupreme Court of Georgia · 1937
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Keel v. AndersonCourt of Appeals of Georgia · 1961
- Ardex, Ltd. v. Brighton Homes, Inc.Court of Appeals of Georgia · 1992
- Mrs. E. B. Smith Realty Co. v. HubbardCourt of Appeals of Georgia · 1974
- Hill v. McGarityCourt of Appeals of Georgia · 1986