Legal Opinion · Dissent

Cato v. English

Supreme Court of Georgia

Decided October 7, 1971No. 26638Published

1DissentFelton, Justice

". . . Any contract for sale of lands, or any interest in, or concerning them.” Such a contract, to be binding on the promisor, must be in writing, signed by the party to be charged, or someone by him lawfully authorized. Code §20-401 (4). The contract herein alleged to have been breached was not in writing, it was not signed by the owner of tract "A,” and it concerned an interest in tract "A” and the lot owned by the plaintiff in a different and separate tract of land. The only way under the law which the promise made to restrict lots in tract "A” to residences could be legally made would…

2Cases cited9 opinions

  1. Stonecypher v. Georgia Power Co.Supreme Court of Georgia · 1936
  2. Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
  3. Kitchens v. NolandSupreme Court of Georgia · 1931
  4. Awtrey v. AwtreySupreme Court of Georgia · 1969
  5. Columbia Valley Recreation Center v. MassieSupreme Court of Georgia · 1967

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