Legal Opinion
Burden v. Thomas
Court of Appeals of Georgia
Decided September 6, 1961No. 38886PublishedCited by 16 opinions
1Opinion of the Court
Felton, Chief Judge.
The plaintiff has elected to seek damages for the defendant’s alleged breach of the written option contract which he may do. Reed v. Dougherty, 94 Ga. 661 (20 SE 965), cited in Morris v. McKee, 96 Ga. 611 (24 SE 142); Crim v. Southern Realty &c. Corp., 38 Ga. App. 502 (144 SE 342).
The provision: “Property to be filled and paved level with street and filling station level” does not specify by whom or when, or with what material the paving was to have been done. By applying the rule that the intention of the parties is the prevailing consideration in the construction of…
2Cases cited19 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
- Tippins v. PhillipsSupreme Court of Georgia · 1905
- Summerour v. PappaSupreme Court of Georgia · 1903
- Dowling v. DoyleSupreme Court of Georgia · 1920
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- University Computing Co. v. Lykes-Youngstown Corp.Court of Appeals for the Fifth Circuit · 1974
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Western Pacific Mutual Insurance v. DaviesCourt of Appeals of Georgia · 2004
- Kerr-McGee Corp. v. Georgia Casualty & Surety Co.Court of Appeals of Georgia · 2002
- Homart Development Co. v. W.T. SigmanCourt of Appeals for the Eleventh Circuit · 1989
11 more not listed; retrieve them via the Exa API.