Legal Opinion

Georgia Southern & Florida Railway Co. v. Taylor

Supreme Court of Georgia

Decided September 16, 1914PublishedCited by 11 opinions

Equitable petition. Before Judge. Mathews. Bibb superior court. March 6, 1913.

1Opinion of the CourtAtkinson, J.

A court of equity will not decree specific performance of a contract for the sale of land, where it is not clear that the exact terms of the contract were agreed upon and understood. 2 Warville on Vendors, § 740, and notes on page 871. Accordingly, a petition for specific performance is subject to general demurrer, which alleges the contract to be one for the exchange of land, and in setting out the contract alleges that the defendant agreed to convey definitely described land, for which the plaintiff was to convey a stated amount of land to be carved out of a designated tract, which amount…

2Cited by11 opinions

  1. Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
  2. West v. DownerSupreme Court of Georgia · 1962
  3. McLane v. Atlanta Market Center Management Co.Court of Appeals of Georgia · 1997
  4. Barnes v. CowanSupreme Court of Georgia · 1917
  5. West View Corp. v. Thunderbolt Yacht Basin Inc.Supreme Court of Georgia · 1951

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