Richmond County Circuit Court December 5, 1989, Case No. LM-3349-4; Case No. LM-3350-1 (Capital Realty, Inc. v. Perry)

By JUDGE RANDALL G. JOHNSON

These consolidated cases were tried to the court, sitting without a jury, on September 22, 1989. At the conclusion of the evidence, the court took the matter under advisement to allow counsel to file written memoranda on the legal issues involved. Those memoranda have now been filed.

The motion for judgment filed by Tepper and Major alleges that defendant, D.