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FRIEDMAN v. GOODMAN

23539.

222 Ga. 613 (1966)

151 S.E.2d 455

FRIEDMAN et al. v. GOODMAN et al.

Supreme Court of Georgia.

Decided October 6, 1966.

Rehearing Denied October 20, 1966.

Attorney(s) appearing for the Case

Thurmond, Hester, Jolles & McElmurray, Cornelius B. Thurmond, Jr., for appellants.

Hull, Towill & Norman, R. Lawton Jordan, Jr., Congdon & Williams, for appellees.

QUILLIAN, Justice.

1. In the present suit upon a lease or rental contract the plaintiffs had the burden of proving that they performed the contract according to its terms, or for some legal reason such performance on their part was as a matter of law excused. Code § 20-1101; Bennett v. Burkhalter, 128 Ga. 154 (57 SE 231). The plaintiffs recognized this principle and alleged in the petition that they had "duly performed all the conditions of said...

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