Boney v. Cheshire
Supreme Court of Georgia
Specific performance. Before Judge Bell. Fulton superior court. April 20, 1916. Mrs. L. C. Cheshire filed a petition against Mrs. Edwin M. Boney, formerly Mrs. N. M. Myers, and alleged substantially as follows: On or about April 29, 1915, plaintiff and defendant entered into a contract for the exchange of certain property, wherein it was agreed that defendant would purchase of the plaintiff certain real estate “known as No. 48 Angier Avenue in the City of Atlanta, Fulton…
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Specific performance. Before Judge Bell. Fulton superior court. April 20, 1916. Mrs. L. C. Cheshire filed a petition against Mrs. Edwin M. Boney, formerly Mrs. N. M. Myers, and alleged substantially as follows: On or about April 29, 1915, plaintiff and defendant entered into a contract for the exchange of certain property, wherein it was agreed that defendant would purchase of the plaintiff certain real estate “known as No. 48 Angier Avenue in the City of Atlanta, Fulton County, she to assume a loan thereon of twenty-six hundred dollars, and defendant agreeing to convey to petitioner a…
1Opinion of the CourtHill, J.
1. The petiticm is not open to the criticism that it is multifarious because it asks for both specific performance of the contract and damages for the alleged breach thereof. The prayer was in the alternative. Where the specific performance is impossible, or the vendee declines to accept performance in part, the court may proceed to assess damages for the breach of the contract. Civil Code, § 4639.
2. Failure of a petition for specific performance of a contract to allege that the contract was in writing can not be taken advantage of by demurrer. Such failure raises no presumption that the…
2Cases cited9 opinions
- Clark v. CagleSupreme Court of Georgia · 1914
- King v. BriceSupreme Court of Georgia · 1916
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Johnson v. McKaySupreme Court of Georgia · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Grant v. HartSupreme Court of Georgia · 1941
- Blumberg v. NathanSupreme Court of Georgia · 1940
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Clayton v. DeverellSupreme Court of Georgia · 1987
- Barto v. HicksCourt of Appeals of Georgia · 1971
21 more not listed; retrieve them via the Exa API.