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MADISON, LTD. v. PRICE

31292, 31387, 31424, 31452.

237 Ga. 904 (1976)

230 S.E.2d 297

MADISON, LTD. v. PRICE et al. PRICE v. MADISON, LTD. et al. BANK OF DULUTH v. MADISON, LTD. et al.; and vice versa.

Supreme Court of Georgia.

Argued September 20, 1976.

Decided November 2, 1976.

Rehearing Denied November 24, 1976.

Attorney(s) appearing for the Case

Gershon, Ruden, Pindar & Olim, Max Olim, Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Thomas C. Harney, Alston, Miller & Gaines, H. James Winkler, Ben F. Johnson, III, Claude E. Hambrick, for Maxie Price et al.

Gershon, Ruden, Pindar & Olim, Max Olim, for Margaret Mays Price.

Dixon & Boyle, Tyler Dixon, W. Paul Kesmodel, Jr., Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Thomas C. Harney, Claude E. Hambrick, Alston, Miller & Gaines, Ben F. Johnson, III, Gershon, Ruden, Pindar & Olim, Max Olim, for Madison, Ltd. et al.

W. Paul Kesmodel, Jr., Kilpatrick, Cody, Rogers, McClatchey & Regenstein, George B. Haley, Thomas C. Harney, for Bank of Duluth.

JORDAN, Justice.

These appeals arise from litigation instituted by Madison, Ltd., against Maxie Price and others, seeking specific performance of release provisions in two security deeds.

1. In case no. 31292 the trial judge granted summary judgment to Citizens & Southern Bank, North Springs Office, and error is assigned on this judgment by Madison.

The evidence submitted on the summary judgment motion was without contradiction that the bank had...

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