Waters v. Tillman

Jenkins, Justice.

Generally the right to specific performance is mutual; when one party can compel performance, so can the other; and the decree can compel the execution and delivery of deeds or other instruments, including a mortgage. Clark v. Cagle, 141 Ga. 703, 706 (82 S. E. 21, L. R. A. 1915A, 317), and cit.; Woodall v. Williams, 176 Ga. 343, 344 (167 S. E. 886). Accordingly, where, as here alleged, a contract for the purchase of land provided that the purchaser, upon obtaining a deed from the seller, would execute a deed to secure an unpaid balance of the purchase-price, and the seller’s…