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SMITH v. PERSICHETTI

No. A00A0141.

537 S.E.2d 441 (2000)

245 Ga. App. 357

SMITH v. PERSICHETTI et al.

Court of Appeals of Georgia.

Reconsideration Denied July 27, 2000.

Certiorari Denied January 5, 2001.

Attorney(s) appearing for the Case

Adkins & Whitfield, Russell L. Adkins, Jr., Marietta, for appellant.

Womble, Carlyle, Sandridge & Rice, Nisbet S. Kendrick III, Caroline K. Bell, Atlanta, for appellees.

BLACKBURN, Presiding Judge.

In this contract dispute regarding the lease of certain real property with an option to purchase, Monroe E. Smith appeals the trial court's grant of partial summary judgment to John Persichetti and Michael O'Brien, contending that he should not be required to return a $125,000 down payment on the property to Persichetti and O'Brien after they elected not to exercise their option to purchase. For the reasons set forth below, we affirm the...

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