Morgan v. Maddox

Moble?/Justice.

The controlling question in this case is whether or not the petition sets forth a cause of action for the specific performance of a contract for the sale of land.

Code § 37-801 states: “Specific performance of a contract (if within the power of the party) will be decreed generally whenever the damages recoverable by law would not be an adequate compensation for the nonperformance.” (Italics ours.)

“Equity will not decree specific performance of a wholly impossible act, for the reason that it will not decree a useless thing.” Whiteway Neon-Ad v. Maddox, 211 Ga. 27, 33 (83 S. E. 2d…