Eller v. McMillan

(After stating the foregoing facts.) One branch of the present case, with reference to the transaction between the *732parties to the exchange of lands mentioned in the petition, was decided in McMillan v. Benfield, 159 Ga. 457 (126 S. E. 246), in which case both Eller the plaintiff, and J. W. McMillan, now represented by Robert McMillan as executor, were parties. In that case this court, in passing on the same agreement rescinding the contract with reference to lands involved in the exchange, held: “The written contract of cancellation merely rescinds the contract of purchase, and does not…