Yargus v. Smith

Eldridge, Judge.

Following a bench trial, John W. Yargus, defendant to this equitable action for specific performance, appeals from an adverse judgment by the superior court, finding that this was an appropriate case for specific performance and that the plaintiffs, Rebekah J. and Eugene F. Smith, were entitled to have title to the house at 3435 Canadian Way, Tucker, DeKalb County, conveyed to them pursuant to the real estate sales contract. The issue underlying the equity action is one of contract construction; therefore, it is proper for this Court to resolve this case based upon contract…