Kirkland v. Downing
Supreme Court of Georgia
^Equitable petition. Before Judge Sweat. Glynn superior 'court. May term, 1898. M. Kirkland sued Downing, alleging, in brief, that in July, 1890, plaintiff bought certain land from one Sibley and one Weston, and entered into a contract with the defendant whereby defendant advanced the purchase-money of the land and charged the same to plaintiff upon an account then due him by the plaintiff, and plaintiff, as security for the payment of the money so advanced, caused the deeds…
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^Equitable petition. Before Judge Sweat. Glynn superior 'court. May term, 1898. M. Kirkland sued Downing, alleging, in brief, that in July, 1890, plaintiff bought certain land from one Sibley and one Weston, and entered into a contract with the defendant whereby defendant advanced the purchase-money of the land and charged the same to plaintiff upon an account then due him by the plaintiff, and plaintiff, as security for the payment of the money so advanced, caused the deeds from Sibley and Weston to be made to defendant, with the distinct understanding between plaintiff and defendant that,…
1Opinion of the CourtFish, J.
The forum in which the plaintiff elected to test the righteousness of his complaint was one exercising equitable jurisdiction. His prayer was for specific performance of a contract — a purely equitable remedy. He chose to invite the -court to pass upon his equitable, rather than upon his strictly *534legal rights in the premises. In defense to the action, the defendant was permitted to allege, and to submit evidence to sustain his contention, that the time for such performance had not as yet arrived, for the reason that the plaintiff had expressly agreed to become answerable for certain…
2Cited by16 opinions
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- Pair v. PairSupreme Court of Georgia · 1918
- Chatham Amusement Co. v. PerrySupreme Court of Georgia · 1960
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