Ewing v. Paulk

Candler, Justice.

1. All suits in the superior courts of this State, for legal or equitable relief or both, are instituted by petition, in which the pleader is required to allege his cause of action plainly, fully, and distinctly. Code, § 81-101. Essential allegations will be neither implied nor presumed, but must be distinctly averred; otherwise, the petition is defective. Evans v. Dickey, 50 Ga. App. 127 (177 S. E. 87); Florida State Hospital v. Durham Iron Co., 194 Ga. 350, 355 (5) (21 S. E. 2d, 216).

2. “A court of equity will decree specific performance of a contract for the sale of land…