Legal Opinion

GEORGIA MONEY CORPORATION v. Monteleone Apartments, Inc.

Supreme Court of Georgia

Decided June 22, 1967No. 24100Published

1Opinion of the Court

Nichols, Justice.

1. “ ‘Specific performance is not a remedy which either party can demand as a matter of absolute right, and will not in any given case be granted unless strictly equitable and just. Mere inadequacy of price may justify a court in refusing to decree a specific performance of a contract of bargain and sale; so also may any other fact showing the contract to be unfair, or unjust, or against good conscience. And in order to authorize specific performance of a contract its terms must be clear, distinct and definite. A petition for specific performance, which fails to allege a case…

2Cases cited5 opinions

  1. Shropshire v. RaineySupreme Court of Georgia · 1920
  2. Coleman v. Woodland Hills CompanySupreme Court of Georgia · 1943
  3. Ogletree v. Ingram & Legrand Lumber Co.Supreme Court of Georgia · 1950
  4. Almand v. WilliamsSupreme Court of Georgia · 1952
  5. Howington v. JuhanSupreme Court of Georgia · 1963

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