Kollen v. High Point Forest, Inc.

Jordan, Judge.

The facts and ruling in the case of McKee v. Cartledge, 79 Ga. App. 629 (54 SE2d 665), are controlling in this case and require the reversal of the judgment sustaining the defendant’s motion to dismiss in the nature of a general demurrer, and dismissing the petition. In that case it was held that, since under the allegations of the petition, it was contemplated by the parties that certain duties and obligations contained in the executory contract for the conveyance of land were to be performed by the defendant after the delivery of possession of the property, and the warranty…