Corporation of Mercer University v. Smith
Georgia Supreme Court
371 S.E.2d 858, 258 Ga. 509 (1988)
- Written by Jennifer Flinn, JD
Facts
Tift College was a private women’s college in Forsyth, Georgia. In 1986, Tift College, through its board of trustees, entered into a merger agreement with Mercer University (defendant). Subsequently, Mercer University closed Tift College. Several former trustees, alums, donors, and other constituents of Tift College (plaintiffs) filed a lawsuit to set aside the merger with Mercer University. The trial court set aside the merger, ruling that Tift College was a charitable trust that could only enter into a merger agreement with court approval. Mercer University appealed.
Rule of Law
Issue
Holding and Reasoning (Hunt, J.)
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