Graham v. Theis
Supreme Court of Georgia
Statute of frauds. Part performance. Parol sale of land. Illegal contract. Before Judge Knight. Dawson Superior Court. September Term, 1872. Adolphus Tbeis brought complaint against John B. Graham on an account for $400 00. The bill of particulars annexed to the declaration was as follows: “John JB.
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Statute of frauds. Part performance. Parol sale of land. Illegal contract. Before Judge Knight. Dawson Superior Court. September Term, 1872. Adolphus Tbeis brought complaint against John B. Graham on an account for $400 00. The bill of particulars annexed to the declaration was as follows: “John JB. Graham, to Adolphus Theis, Dr. June 2d, 1868. To one undivided interest in and to gold mine on, and lot of number (?) and one undivided interest in and to lot of land number seven hundred and nine, in the fifth district and first section of Lumpkin county, under a verbal contract for the purchase…
1Opinion of the Court
McCay, Judge.
The writing and signing of a deed, and the tender of it to the grantee, is not a conveyance of the land. Until the deed is delivered the instrument is nothing, and so long as the grantee refuses to accept there can be no delivery in fact. The facts show at last only an offer to perform. The grantor *483still has the title; he has done nothing by which he is hurt. He is in just as good a situation, as regards the title, as he was before he wrote the deed. No fraud has been practiced on him, by virtue of which he has put himself in a new position by parting with his title, so that to…
2Cited by25 opinions
- Bentley v. SmithCourt of Appeals of Georgia · 1907
- Neely v. SheppardSupreme Court of Georgia · 1938
- Kiser Co. v. PadrickCourt of Appeals of Georgia · 1923
- Wells v. H. W. Lay Company Inc.Court of Appeals of Georgia · 1948
- Brunswick Grocery Co. v. LamarSupreme Court of Georgia · 1902
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