Kaplan v. Krantz

Atkinson, Justice.

(After stating the foregoing facts.) Counsel for the plaintiff in error insist that the general demurrer should have been sustained because the petition for specific performance of the agreement to execute a lease was prematurely brought on June 21, 1946, since the lease was not to commence until August 5, 1946, and that the plaintiff in error would have had the right to change his mind up to the time when the lease was to become operative. Gilleland v. Welch, 199 Ga. 341 (34 S. E. 2d, 517), is cited in support of this contention. In that ease, involving specific performance…