Legal Opinion

Tolbert v. Short

Supreme Court of Georgia

Decided September 15, 1920No. 1787PublishedCited by 25 opinions

Equitable petition.. Before Judge Cobb. Jackson superior court. October 25, 1919. J. D. Short filed an equitable petition against S. L. Tolbert, having for its purpose the specific performance of a contract for the sale of 73 acres of land in Jackson County by the defendant, Tolbert, known as the “Hartly place” in said county, adjoining lands of Mrs. Lipscomb, W. L. Eagan, 'and others, in Millers District, at and for the sum of $4,000. The trade was consummated by a written…

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Equitable petition.. Before Judge Cobb. Jackson superior court. October 25, 1919. J. D. Short filed an equitable petition against S. L. Tolbert, having for its purpose the specific performance of a contract for the sale of 73 acres of land in Jackson County by the defendant, Tolbert, known as the “Hartly place” in said county, adjoining lands of Mrs. Lipscomb, W. L. Eagan, 'and others, in Millers District, at and for the sum of $4,000. The trade was consummated by a written contract duly signed by the plaintiff and defendant and properly witnessed,- a copy of which contract is as follows:…

1Opinion of the CourtHill, J.

(After stating the foregoing facts.)

1. The petition was not subject to the general demurrer on the .'ground that the description of the land set out in the contract was too vague and indefinite. In Clark v. Cagle, 141 Ga. 703 (2), 704 (82 S. E. 21, L. R. A. 1915A, 317), it was held: “Where a contract for the sale and purchase of a tract of land was dated at White Plains in this State, and described the property as the place of the vendor known as the ‘Humphrey Place’ containing 330 acres, more or less, this description was not so vague and indefinite as to render the contract unenforceable.…

2Cases cited3 opinions

  1. Clark v. CagleSupreme Court of Georgia · 1914
  2. King v. BriceSupreme Court of Georgia · 1916
  3. Clark v. PowersIllinois Supreme Court · 1867

3Cited by25 opinions

  1. Archer Western Contractors, Ltd. v. Estate of PittsSupreme Court of Georgia · 2012
  2. Pearson v. GeorgeSupreme Court of Georgia · 1953
  3. Chatham Amusement Co. v. PerrySupreme Court of Georgia · 1960
  4. Bank of LaFayette v. GilesSupreme Court of Georgia · 1952
  5. Groover v. BrandonSupreme Court of Georgia · 1945

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