Carolee v. Handelis
Supreme Court of Georgia
Petition for specific performance. Before Judge Lumpkin. Pulton superior court. March term, 1897. According to the plaintiff’s contention, the parties had been partners in a fruit and confectionery business, and in July, 1895, the plaintiff sold his interest in the business to the defendant for $500, the latter contracting to -sell the entire business to the plaintiff at any time in January, 1896, after fifteen days notice, for $100 less than its value; and in January, 1896,…
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Petition for specific performance. Before Judge Lumpkin. Pulton superior court. March term, 1897. According to the plaintiff’s contention, the parties had been partners in a fruit and confectionery business, and in July, 1895, the plaintiff sold his interest in the business to the defendant for $500, the latter contracting to -sell the entire business to the plaintiff at any time in January, 1896, after fifteen days notice, for $100 less than its value; and in January, 1896, the plaintiff gave notice, and an inventory and appraisement were made, and he tendered to the defendant the value of…
1Opinion of the CourtSimmons, C. J.
The facts appear in the official report. From these facts it will be seen that this was an effort on the part of the plaintiff in error to have specific performance decreed of a contract for the sale of personal property. Section 4036 of the Civil Code declares that “Specific performance of a contract (if within the power of the party) will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation for the non-performance.” As a general rule, a court of equity will not decree specific performance of a contract relating to personal property, for the…
2Cases cited2 opinions
- Cohn v. MitchellIllinois Supreme Court · 1885
- Johnson v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
3Cited by8 opinions
- Curran v. BarefootCourt of Appeals of North Carolina · 2007
- Black v. American Vending Co.Supreme Court of Georgia · 1977
- Gabrell v. ByersSupreme Court of Georgia · 1933
- Reid v. McRaeSupreme Court of Georgia · 1940
- Rimes v. RimesSupreme Court of Georgia · 1922
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