Landrum v. Rivers
Supreme Court of Georgia
Specific performance. Before Judge Smith. Campbell superior court. November 5, 1917. See 145 Ga. 103. Mrs. N. C. Bivers brought her equitable petition against Mrs. Exer Ellen Landrum as an individual and as administratrix of the estate of L. A. Brown, in which she prayed, among other things, specific performance of an oral contract to make a will, and for injunctive relief.
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Specific performance. Before Judge Smith. Campbell superior court. November 5, 1917. See 145 Ga. 103. Mrs. N. C. Bivers brought her equitable petition against Mrs. Exer Ellen Landrum as an individual and as administratrix of the estate of L. A. Brown, in which she prayed, among other things, specific performance of an oral contract to make a will, and for injunctive relief. This petition was filed on May 13, 1915. The allegations of the petition show that Mrs. Landrum’s intestate owned a valuable estate, consisting of realty and personalty; that at the time of the making of the contract,…
1Opinion of the CourtBeck, P. J.
1. The plaintiff in error submitted a large number of written requests to charge, which the court refused to give, and error is assigned upon the refusal to give in charge these requests. Among them was the following: “It is not every parol contract which the court will specifically enforce. It will never enforce any parol contract for the sale of land or the making of a will or the testamentary disposition of property, unless the party who is seeking such performance will be defrauded if the contract is not enforced, even if all other elements are shown to exist which would entitle a party…
2Cases cited4 opinions
- Banks v. HowardSupreme Court of Georgia · 1903
- Belt v. LazenbySupreme Court of Georgia · 1906
- Gordon v. SpellmanSupreme Court of Georgia · 1916
- Heery v. HeerySupreme Court of Georgia · 1915
3Cited by22 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- Hunt v. PollardCourt of Appeals of Georgia · 1937
- Copelan v. MonfortSupreme Court of Georgia · 1922
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