Clark v. Cagle
Supreme Court of Georgia
Complaint. Before Judge Patterson. Pickens superior court. April 8, 1913. P. B. G. Clark brought suit against P. M. Cagle. The allegations of the petition as amended were in substance as follows: On the 26th day of February, 1910, the plaintiff and the defendant entered into and signed the following written contract: "State of Georgia, Greene County.
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Complaint. Before Judge Patterson. Pickens superior court. April 8, 1913. P. B. G. Clark brought suit against P. M. Cagle. The allegations of the petition as amended were in substance as follows: On the 26th day of February, 1910, the plaintiff and the defendant entered into and signed the following written contract: "State of Georgia, Greene County. White Plains, Georgia, February 26th, 1910. Know all men by these presents, that P. B. G. Clark has this day sold to F. M. Cagle his place known as the ‘Humphrey Place,’ containing 330 acres more or less, for the sum of $10.00 per acre, and to…
1Opinion of the CourtLumrkin, J.
(After stating the foregoing facts.) A vendor filed his equitable petition against his vendee to enforce specific performánee of an executory contract for the sale of land. The court dismissed the petition on general demurrer.
1. While it is declared that specific performance of a contract (if within the power of the defendant) will be decreed, generally, whenever the damages recoverable at law would not be adequate compensation for the non-performance (Civil Code (1910), § 4633), yet it has long been recognized that, where land is the subject-matter of the agreement, equity has jurisdiction…
2Cases cited12 opinions
- Crawford v. VernerSupreme Court of Georgia · 1905
- Hancock v. KingSupreme Court of Georgia · 1910
- Harriss v. HowardSupreme Court of Georgia · 1906
- Crovatt v. BakerSupreme Court of Georgia · 1908
- Chance v. BeallSupreme Court of Georgia · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Blumberg v. NathanSupreme Court of Georgia · 1940
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Jones v. SmithSupreme Court of Georgia · 1949
- Pearson v. GeorgeSupreme Court of Georgia · 1953
45 more not listed; retrieve them via the Exa API.