Hackett v. Ladson
Supreme Court of Georgia
Action for specific performance. Before' Judge Thomas. Colquitt superior court. April 5, 1921. J. B. Hackett filed a petition for the purpose of requiring J. E. Ladson to specifically perform an alleged contract of sale by the latter to the former of a house and lot.
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Action for specific performance. Before' Judge Thomas. Colquitt superior court. April 5, 1921. J. B. Hackett filed a petition for the purpose of requiring J. E. Ladson to specifically perform an alleged contract of sale by the latter to the former of a house and lot. The petition alleges in substance that the contract was effected by means of letters, the material parts of such letters, all dated Moultrie, Ga., being as follows: June 30, 1919, Ladson to Hackett: “Beferring to our conversation in regard to residence, will say. I could sell you the place lot eighty-five by one hundred and…
1Opinion of the Court
Gilbert, 1.
The letters set out in the petition fail to show assent by the parties to the same thing in the sense which is essential to a complete and binding contract. The court did not err in sustaining the general demurrer and dismissing the petition. Robinson v. Weller, 81 Ga. 704 (8 S. E. 447); Phinizy v. Bush, 129 Ga. 479 (59 S. E. 259); George W. Muller Mfg. Co. v. Benton, 137 Ga. 411 (73 S. E. 669); Gray v. Lynn, 139 Ga. 194 (77 S. E. 156).
Judgment affirmed.
All the Justices concur, except Sill, J., dissenting. The petition further recites that upon receipt of the letter of March 17th…
2Cases cited5 opinions
- Phinizy v. BushSupreme Court of Georgia · 1907
- Robinson v. WellerSupreme Court of Georgia · 1888
- Gray v. LynnSupreme Court of Georgia · 1913
- Massachusetts Bonding & Insurance v. Realty Trust Co.Supreme Court of Georgia · 1912
- George W. Muller Manufacturing Co. v. BentonSupreme Court of Georgia · 1912
3Cited by2 opinions
- Gray v. AikenSupreme Court of Georgia · 1949
- Harris v. TrippiSupreme Court of Georgia · 1952