Tippins v. Phillips
Supreme Court of Georgia
Equitable petition. Before Judge Roberts. Telfáir .superior court. October 17,1904. J. H- Tippins brought suit against D. W. Phillips, alleging, that on June 22, 1904, Phillips sold to petitioner a certain tract of land lying in the 1403d G, M. district of Tattnall county, containing 424 acres, having boundaries as specified in the petition and being known as the “ D. W. Phillips tract of land,” which he had obtained from his father’s' estate; that Phillips also sold…
Read the full summary
Equitable petition. Before Judge Roberts. Telfáir .superior court. October 17,1904. J. H- Tippins brought suit against D. W. Phillips, alleging, that on June 22, 1904, Phillips sold to petitioner a certain tract of land lying in the 1403d G, M. district of Tattnall county, containing 424 acres, having boundaries as specified in the petition and being known as the “ D. W. Phillips tract of land,” which he had obtained from his father’s' estate; that Phillips also sold petitioner his share of the crops then growing on said tract. It was further alleged that the contract of sale was in writing,…
1Opinion of the CourtEvans, J.
(After stating the facts.) In order to recover dam*417ages in lieu of specific performance, it is essential that a case for specific performance be made out. Prater v. Sears, 77 Ga. 28. Was the contract sufficiently certain as to the subject-matter to authorize a court of equity to decree specific performance ? The statute of frauds requires all contracts for the sale of land or any interest therein to be in writing, signed by the party to be charged therewith or some person by him lawfully authorized. Civil Code, § 2613, par. 4. Every essential element of the sale must be expressed in the…
2Cases cited7 opinions
- Crawford v. VernerSupreme Court of Georgia · 1905
- Luttrell v. WhiteheadSupreme Court of Georgia · 1905
- North & Co. v. Mendel & BrotherSupreme Court of Georgia · 1884
- Douglass v. BunnSupreme Court of Georgia · 1900
- Mohr v. DillonSupreme Court of Georgia · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Stonecypher v. Georgia Power Co.Supreme Court of Georgia · 1936
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1906
- Smith v. WilkinsonSupreme Court of Georgia · 1951
- Trust Co. v. NealSupreme Court of Georgia · 1926
40 more not listed; retrieve them via the Exa API.