Forsyth v. McCauley
Supreme Court of Georgia
Equity. Specific performance. Before Judge Johnson. Mucogee Superior Court. May Term, 1872. Forsyth filed his bill against. McCauley for specific performance, making the following case: . On October 1st, 1871, the complainant and defendant entered into a written contract as follows: *“COLUMBUS, GEORGIA. — Muscogee County.
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Equity. Specific performance. Before Judge Johnson. Mucogee Superior Court. May Term, 1872. Forsyth filed his bill against. McCauley for specific performance, making the following case: . On October 1st, 1871, the complainant and defendant entered into a written contract as follows: *“COLUMBUS, GEORGIA. — Muscogee County. “Know all men by these presents, that I have this day bargained and sold to Henry McCauley, of Eee county,' Alabama, all that tract or parcel of land lying in Lee county, and State of Alabama, being the place I purchased of Haimun, and now hold his bond for titles to one…
1Opinion of the Court
TrippE, Judge.
Where a contract for the sale of land is in writing, is certain and fair in all its parts, is for an adequate consideration, and capable of being performed, it is just as much a matter of course for a Court of equity to decree a specific performance of it as it is for a Court of law to give damages for the breach of a contract: 20 Ga., 142; Hilliard on Vendors, 433, (2d edition.)
It is true that in the case of Chance vs. Beall, 20 Georgia, 142, the application for specific performance was made by the vendee. But this right must be reciprocal: Hilliard on Vendors, 433, 434, note…
2Cases cited1 opinion
- Chance v. BeallSupreme Court of Georgia · 1856
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