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WALDEN v. SMITH

No. A00A2558.

546 S.E.2d 808 (2001)

249 Ga. App. 32

WALDEN et al. v. SMITH.

Court of Appeals of Georgia.

Reconsideration Denied April 6, 2001.

Attorney(s) appearing for the Case

Hatcher, Johnson, Meaney & Gothard, Ross L. Hatcher III, Chattanooga, TN, for appellants.

Farrar & Corbin, Christopher L. Corbin, Summerville, for appellee.

POPE, Presiding Judge.

John and Marilyn Walden sued Conley Smith for breach of contract and fraud, alleging that Smith had misrepresented a material term in a lease/purchase agreement. Asserting several defenses, Smith moved for summary judgment. The trial court determined that the Waldens were estopped from pursuing claims for fraud or breach of contract due to their own conduct in failing to repudiate the contract after discovering the truth about the purported...

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