Swan Oil Co. v. Linder
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Hart superior court. January 7, 1905. The assignment of error made in the bill of exceptions is that the court on demurrer dismissed the plaintiff’s action.
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Equitable petition. Before Judge Holden. Hart superior court. January 7, 1905. The assignment of error made in the bill of exceptions is that the court on demurrer dismissed the plaintiff’s action. The facts relied on by the plaintiff company and set forth in its petition were substantially as follows: .It was incorporated, under the name of the Swan Oil Company, May 26, 1902, for the purpose of engaging in the business commonly carried on by the proprietors of oil-mills, the promoters of the enterprise being James Swan, A. J. Little, and others. Before applying for a charter, they authorised…
1Opinion of the CourtEvans, J.
(After stating the facts.) It is now well settled in this State that specific performance of a parol contract as to land will be decreed, “if it be so far executed by the party seeking relief, and at the instance or by the inducements of the other party, that if the contract be abandoned he can not be restored to his former position.” Civil Code, § 4037. Relief will likewise be afforded where “ there has been such part performance of the contract as would render it a fraud of the party refusing to comply, if the court did not compel a performance.” Civil Code, § 2694 (3). But it does not…
2Cases cited13 opinions
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Fontaine v. Baxley, Boles & Co.Supreme Court of Georgia · 1892
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
- Simonton, Jones & Hatcher v. Liverpool, London & Globe InsuranceSupreme Court of Georgia · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cooley v. MossSupreme Court of Georgia · 1905
- Pepsi-Cola Co. v. WrightSupreme Court of Georgia · 1939
- Atlanta & West Point Railroad v. CampSupreme Court of Georgia · 1908
- Cherokee Mills v. Standard Cotton MillsSupreme Court of Georgia · 1912
- Moore v. SegarsSupreme Court of Georgia · 1941
6 more not listed; retrieve them via the Exa API.