DIMMICK v. PULLEN

24663.

224 Ga. 452 (1968)

162 S.E.2d 427

DIMMICK v. PULLEN.

Supreme Court of Georgia.

Decided July 2, 1968.


Attorney(s) appearing for the Case

Preston L. Holland, for appellant.

Terrill A. Parker, for appellee.


FRANKUM, Justice.

This case is before this court upon appeal from the grant of a summary judgment in favor of the defendant "as to each and every prayer of the plaintiff's petition." The plaintiff sought the cancellation of a promissory note on the grounds of alleged fraud in the procurement of the note. Held:

"He who would have equity must do equity, and give effect to all equitable rights in the other party...

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