Belle Greene Mining Co. v. Tuggle
Supreme Court of Georgia
Equity. Practice in the Superior Court. Specific performance. Contracts. New Trial. Before Judge Snead. Richmond Superior Court. October Term, 1879. Tuggle filed his bill against The Belle Greene Mining Company to compel the specific performance of a contract by it to purchase certain land. The material allegations of the bill are stated in the second head-note.
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Equity. Practice in the Superior Court. Specific performance. Contracts. New Trial. Before Judge Snead. Richmond Superior Court. October Term, 1879. Tuggle filed his bill against The Belle Greene Mining Company to compel the specific performance of a contract by it to purchase certain land. The material allegations of the bill are stated in the second head-note. The main point of contest was whether the defendant was bound to buy the land or had the privilege of buying if it so desired, and whether complainant had so conducted himself as to be entitled to- specific performance. The answer is…
1Opinion of the Court
Jackson, Chief Justice.
I. The motion to dismiss the bill because the remedy at law was complete was made at the trial term, and came too late. To oust equity of jurisdiction on this ground and turn the complainant over to law, a demurrer must be filed at the appearance term, 60 Ga., 627; 61 Ga., 33.
2. But there is equity in this bill. Certain improve, ments contemplated and commenced by the complainant were suspended by the contract of defendant to buy his land, and damages could not be well ascertained in money. The vendor sold part of his land on condition that the vendee would take the…
2Cases cited2 opinions
- Kinnebrew v. McWhorterSupreme Court of Georgia · 1878
- Findley v. McBurnettSupreme Court of Georgia · 1878
3Cited by4 opinions
- Clark v. CagleSupreme Court of Georgia · 1914
- National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
- Simms v. LideSupreme Court of Georgia · 1894
- First National Bank v. Hancock Warehouse Co.Supreme Court of Georgia · 1914