GEORGIA MONEY CORPORATION v. Monteleone Apartments, Inc.
Supreme Court of Georgia
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
- Shropshire v. RaineySupreme Court of Georgia · 1920
- Coleman v. Woodland Hills CompanySupreme Court of Georgia · 1943
- Ogletree v. Ingram & Legrand Lumber Co.Supreme Court of Georgia · 1950
- Almand v. WilliamsSupreme Court of Georgia · 1952
- Howington v. JuhanSupreme Court of Georgia · 1963