McMillan v. Benfield
McMillan v. Benfield
Opinion of the Court
1. Under the former decision (159 Ga. 457), which is now the law of the case, the written agreement by which the parties canceled and rescinded the contract of purchase did not provide that -M. was entitled to keep the land of B., which he had received in part payment of the purchase-money of the land of M.; but under such contract of rescission M. should account to B. for the land so received by him and after-wards sold and conveyed by him to other parties, so that he could not restore it.
2. It was further held in the former decision, that, in the suit by B. and another to recover of M. on such cause, “the plaintiffs would not be entitled to recover the value of the land which B. conveyed to M. in
3. The record does not sustain the contention of the defendant that the verdict was not supported by the pleadings and the evidence.
4. There was no merit in any of the special grounds of the motion for a new trial. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.