Vaughan v. Vaughan

Dxjckworth, Chief Justice.

The second amended ground of the motion for new trial is based upon a failure to charge a timely written request in the exact language of that request. The requested charge was: “A parol contract upon which specific performance is sought must be certain, definite and clear, and so precise in its terms that neither party can reasonably misunderstand it.” And the charge as actually given was identical with the request except it substituted the word “should” for the word “must,” which was contained in the request. In Werk v. Big Bunker Hill Mining Corp., 193 Ga. 217 (17…