Greer v. Pope
Supreme Court of Georgia
Equitable petition. Before Judge James B. Park. Jasper superior court. August 29, 1912. Greer and others filed their petition against C. H. Pope and G. H. Ballard Jr., the Montieello Telephone Company, and the Southern Bell Telephone and Telegraph Company.
Read the full summary
Equitable petition. Before Judge James B. Park. Jasper superior court. August 29, 1912. Greer and others filed their petition against C. H. Pope and G. H. Ballard Jr., the Montieello Telephone Company, and the Southern Bell Telephone and Telegraph Company. It was alleged that on April 4, 1906, Pope and Ballard entered into a contract with Greer and others, by which, in consideration of $275, the former transferred and conveyed to the latter, their heirs and assigns, a certain telephone line known as the “Winfred Line,” extending from Montieello to Pittman’s Perry, together with ten…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1, 2. The rule that specific performance of a contract (if within the power of 'a party) will be generally decreed, whenever the damages recoverable at law will not be an adequate compensation for the non-performance (Civil Code (1910), § 4633), is a statement of a general rule, but is not absolute and without exception. The codification of the general rule does not change this fact. Indeed the expression that under such circumstances specific performance will “be decreed, generally,” recognizes the existence of circumstances under which it will not be…
2Cases cited8 opinions
- Philadelphia Ball Club, Ltd. v. LajoieSupreme Court of Pennsylvania · 1902
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Western Union Telegraph Co. v. Pennsylvania Co.Court of Appeals for the Third Circuit · 1904
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- James Talcott, Inc. v. Roy D. Warren Commercial, Inc.Court of Appeals of Georgia · 1969
- Black v. American Vending Co.Supreme Court of Georgia · 1977
- Rodgers v. Georgia Tech Athletic Ass'nCourt of Appeals of Georgia · 1983
- Bishop Eddie Long Ministries, Inc. v. DillardCourt of Appeals of Georgia · 2005
7 more not listed; retrieve them via the Exa API.