Pollock v. Morris Hyles Construction

Eberhardt, Judge,

concurring specially. I concur in the result here because the memorandum of agreement alleged to have been made concurrently with the execution of the deed specifically provides that the repairs specified were to be accomplished “within ten days.” This clearly shows an intention that the agreement should survive execution of the deed. As was pointed out in McKee v. Cartledge, 79 Ga. App. 629 (54 SE2d 665), there were things specified in the contract “to do at a still later period,” i.e., after execution of the deed and within a time specified. In McKee it was 30 days; here it was 10 days. In Kollen v. High Point Forest, Inc., 104 Ga. App. 713 (123 SE2d 10), it was a year. But it was not true in Knight v. Hedden, 112 Ga. App. 847 (146 SE2d 556), and for that reason I joined in Judge Frankum’s dissent. I do not agree with the result in that case and would not rely upon it here. The terms of the contract were different.