Branan & Schmitz Realty, Inc. v. Ballard
Court of Appeals of Georgia
1Opinion of the Court
Bell, Presiding Judge.
A contract for the sale of realty must expressly state the consideration or it must furnish a key by which the amount and terms of the purchase price can be ascertained; if the contract furnishes a key to the details of the consideration, that is sufficient. Muller v. Cooper, 165 Ga. 439, 442 (141 SE 300). If the terms of the written agreement show a gross consideration including the assumption of an incumbrance which is properly identified in'the agreement plus payment of *759the balance of the purchase price in cash, the terms of payment can be ascertained by reference to…
2Cases cited10 opinions
- F & C INVESTMENT COMPANY v. JonesSupreme Court of Georgia · 1954
- Trust Co. v. NealSupreme Court of Georgia · 1926
- Muller v. CooperSupreme Court of Georgia · 1928
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Morgan v. HemphillSupreme Court of Georgia · 1958
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3Cited by5 opinions
- Barto v. HicksCourt of Appeals of Georgia · 1971
- Summerlin v. BEACON INVESTMENT COMPANY, INC.Court of Appeals of Georgia · 1969
- Branan & Schmitz Realty Co. v. CarterCourt of Appeals of Georgia · 1970
- Hodsdon v. Mid-Continental, Inc.Court of Appeals of Georgia · 1976
- Branan & Schmitz Realty, Inc. v. BallardCourt of Appeals of Georgia · 1968