Judges: PER CURIAM:
Attorneys: Thomas H. Anderson, for appellant.
Evans, Mershon Sawyer, Herbert S. Sawyer, M.L. Mershon and J.N. Morris, for appellee.
Keen, Allen O'Kelley, for Shepard Broad, Amicus Curiae.
Filed: Jul. 27, 1945
Latest Update: Mar. 02, 2020
Summary: In March, 1944, Appellee, H.D. Miller, filed his bill of complaint against Thomkin Corporation, Appellant, for specific performance of a contract. The bill alleges that on March 16, 1941, the Thomkin Corporation made a contract to sell certain property to Milton Edelson or his nominee for $200,000, that $20,000 of that sum was paid in cash, that Edelson assigned the contract to H.D. Miller who is ready, able, and willing to perform, that Thomkin Corporation has refused to perform on its part and
Summary: In March, 1944, Appellee, H.D. Miller, filed his bill of complaint against Thomkin Corporation, Appellant, for specific performance of a contract. The bill alleges that on March 16, 1941, the Thomkin Corporation made a contract to sell certain property to Milton Edelson or his nominee for $200,000, that $20,000 of that sum was paid in cash, that Edelson assigned the contract to H.D. Miller who is ready, able, and willing to perform, that Thomkin Corporation has refused to perform on its part and ..
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I find in the record no evidence that Rinehart had any actual or apparent authority to execute the contract of sale so as to bind the corporation.