Franklin v. Jordan

164 S.E.2d 718 (Ga. 1968)

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Nature of the Case

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Facts

Ackerman assigned to Franklin (P) an option contract to buy land from Jordan (D). D refused to perform when P exercised the option by tendering a promissory note signed only by P. D contended that Ackerman should have co-signed; the assignment did not relieve Ackerman of liability. P sued for specific performance; the option made no specific mention of the intent to bind its assignor to continuing liability. The court found for D; a full reading of the contract showed no intent to release after assignment. P appealed the dismissal of his action.