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Lawskills.com Georgia Caselaw
GARNER et al. v. BROWN.
44518.
JORDAN, Presiding Judge.
Action to recover earnest money. Fulton Civil Court. Before Judge Camp.
We affirm. The stipulation "contingent upon purchaser being able to obtain suitable financing" is too indefinite and uncertain to identify any particular loan or method of financing or the terms thereof, and renders what otherwise might have been an enforceable contract unenforceable in a court of law, thereby entitling the purported purchaser to a return of his earnest money. Morgan v. Hemphill, 214 Ga. 555 (105 SE2d 580); Scott v. Lewis, 112 Ga. App. 195 (144 SE2d 460); Parker v. Averett, 114 Ga. App. 401 (151 SE2d 475). Also, see Cole v. Cutler, 96 Ga. App. 891 (102 SE2d 82), in which numerous cases are cited, and Hamilton v. Daniel, 213 Ga. 650 (100 SE2d 730).
Sam G. Dettelbach, for appellee.
E. B. Shaw, for appellants.
SUBMITTED JUNE 4, 1969 -- DECIDED OCTOBER 17, 1969.
Friday May 22 17:38 EDT


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