STATE MUTUAL INS. CO. v. STRICKLAND

21687.

218 Ga. 94 (1962)

126 S.E.2d 683

STATE MUTUAL INSURANCE COMPANY et al. v. STRICKLAND et al.

Supreme Court of Georgia.

Decided June 25, 1962.


Attorney(s) appearing for the Case

W. A. Wraggs, for plaintiffs in error.

Wm. A. Zorn, contra.


DUCKWORTH, Chief Justice.

1. Since, under certain circumstances there may be a mutual departure from an executory contract, in which case notice of intention to return to the original contract is essential to its enforcement (Code § 20-116), yet the allegations of such departure as relate to the time of payment of monthly installments are sufficient to require an overruling of the general demurrers insofar as this matter is concerned. The issue of fact...

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