Legal Opinion

Muller v. Cooper

Supreme Court of Georgia

Decided January 10, 1928No. 5925PublishedCited by 28 opinions

1Opinion of the Court

Per Curi-am.

In view of the amendment to the bill of exceptions, making certain parties defendants in error, the motion to dismiss the writ of error is denied.

To constitute a valid sale of real estate which a court of equity will require to be specifically performed, the following are the essentials to the contract of such sale: (1) the memorandum of contract must specify the parties, that is the seller and the buyer; (2) the memorandum must sufficiently describe the subject-matter of the contract; and (3) the memorandum must name the consideration. The consideration need not be expressly…

2Cases cited13 opinions

  1. Tippins v. PhillipsSupreme Court of Georgia · 1905
  2. Inglis v. FoheyWisconsin Supreme Court · 1908
  3. Kipp v. LaunWisconsin Supreme Court · 1911
  4. Trust Co. v. NealSupreme Court of Georgia · 1926
  5. Crawford v. WillifordSupreme Court of Georgia · 1916

8 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Morgan v. HemphillSupreme Court of Georgia · 1958
  2. Sturdivant v. WalkerSupreme Court of Georgia · 1947
  3. Cashin v. MarkwalterSupreme Court of Georgia · 1951
  4. Barto v. HicksCourt of Appeals of Georgia · 1971
  5. Hamilton v. DanielSupreme Court of Georgia · 1957

23 more not listed; retrieve them via the Exa API.

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