Horine v. Hicks
Court of Appeals of Georgia
Action on contract; from city court of Atlanta-—-Judge Reid. March 20, 1920. The action was by Mrs. Louise de Give Iiorine against Mrs. M. P. Hicks, for damages on account of the alleged breach of a contract of the defendant to purchase from the plaintiff certain land known as the “Lee Worsham place” and further described in the language quoted in the foregoing decision.
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Action on contract; from city court of Atlanta-—-Judge Reid. March 20, 1920. The action was by Mrs. Louise de Give Iiorine against Mrs. M. P. Hicks, for damages on account of the alleged breach of a contract of the defendant to purchase from the plaintiff certain land known as the “Lee Worsham place” and further described in the language quoted in the foregoing decision. A demurrer to the petition, was sustained on “ all the grounds thereof ” except two, and the petition was dismissed by the court. In the grounds sustained it was contended: that no cause of action was set forth; that it does…
1DissentSmith, J.
“In order to recover damages in lieu of a specific performance, when the latter cannot be had because the party has put it beyond his power by his conduct, it is essential that a case for specific performance should be made out.” Prater v. Sears, 77 Ga. 28 (2). “The statute of frauds requires *806all contracts for the sale of land or any interest therein to be in writing, signed by the party to be charged therewith or some person by him lawfully authorized. Civil Code [1895], § 2693, par. 4. Every essential element of the sale must be expressed in the writing, to meet the statutory requirement.…
2Cases cited5 opinions
- Tippins v. PhillipsSupreme Court of Georgia · 1905
- Prater v. SearsSupreme Court of Georgia · 1886
- Gatins v. AngierSupreme Court of Georgia · 1898
- Nettles v. Charles P. Glover Realty Co.Supreme Court of Georgia · 1913
- Mims v. GillisCourt of Appeals of Georgia · 1916