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Pantone v. Pantone

Supreme Court of Georgia
Feb 12, 1948
46 S.E.2d 498 (Ga. 1948)

Opinion

16105.

FEBRUARY 12, 1948.

Cancellation, etc.; nonsuit. Before Judge Harper. Sumter Superior Court. November 28, 1947.

Dykes Dykes, for plaintiffs.

Fort Fort and Benjamin F. Neal, for defendant.


Where a promise was made by a grantee as an inducement or consideration for the execution of a warranty deed by the grantors, by which promise he agreed to maintain the home place conveyed, keep up repairs, pay taxes, and not get married, but keep it as a home which the grantors could use as they had done during their mother's lifetime, and where approximately seven years later the grantee married, moved his wife into the home, and claimed it as his individual property, evidence showing a mere failure to comply with his promise was insufficient to establish an inceptive fraudulent intent; and there being no other evidence showing that at the time the agreement was made it was done with intent to defraud, the trial judge did not err in granting a nonsuit. Brinson v. Hester, 185 Ga. 761 (1, 2) ( 196 S.E. 412).

Judgment affirmed. All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case.

No. 16105. FEBRUARY 12, 1948.


Summaries of

Pantone v. Pantone

Supreme Court of Georgia
Feb 12, 1948
46 S.E.2d 498 (Ga. 1948)
Case details for

Pantone v. Pantone

Case Details

Full title:PANTONE et al. v. PANTONE

Court:Supreme Court of Georgia

Date published: Feb 12, 1948

Citations

46 S.E.2d 498 (Ga. 1948)
46 S.E.2d 498

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