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Clare Development Corporation v. First National Bank of Columbus, Georgia

CLARE DEVELOPMENT CORPORATION Et Al. v. FIRST NATIONAL BANK OF COLUMBUS, GEORGIA

Clare Dev. Corp. v. First Nat'l Bank of Columbus, Ga., 256 S.E.2d 452 (Ga. 1979)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
May 31, 1979
Docket
No. 34559
Judges
Hill
Citations
256 S.E.2d 452243 Ga. 7091979 Ga. LEXIS 1041

Opinion — Hill

Hill, Justice.

The appellants sued, the bank for injunctive relief and damages for fraud arising out of the alleged breach of an agreement to make construction loans and wrongful foreclosure of property securing loans. Injunctive relief was denied and the bank’s motion for summary judgment was granted.

The case oí Beasley v. Ponder, 143 Ga. App. 810 ( 240 SE2d 111 ) (1977), is directly in point. There the court said: "The trial court did not err in granting summary judgment to the defendant. Although fraud can be predicated on a misrepresentation as to a future event where the defendant knows that the future event will not take place [cits.], fraud cannot be predicated on a promise which is unenforceable at the time it is made. [Cits.] A promise to make a loan with no specification of the interest rate or maturity date is not enforceable and will not support an action for fraud. [Cits.]”

In the case before us the bank adduced evidence from the plaintiffs showing that no enforceable agreement to make future loans existed.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 11982: 11983: 11984: 11997: 12025: 119812026peak 1981 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Beasley v. Ponder, 240 S.E.2d 111 (Ga. Ct. App. 1977) 27

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