Clayton v. Newberry
Supreme Court of Georgia
Specific performance. Before Judge Morris. Gilmer superior court. May 16, 1911.
1Opinion of the CourtAtkinson, J.
1. Specific performance of a contract for the sale of land will not be decreed unless the land which is the subject-matter of the alleged sale is clearly identified in the contract. A description of land in a written contract as “part of lot No. 200 in the sixth district and second section of said county [the county being elsewhere named], containing fifteen acres, more or less,” is insufficient. Estes v. Winn, 136 Ga. 344 (71 S. E. 470).
2. There was no effort to reform the writing upon which the action was founded; and henee the plaintiff must abide by the contract as written.
3. The…
2Cases cited1 opinion
- Estes v. WinnSupreme Court of Georgia · 1911
3Cited by13 opinions
- Rhode v. GallatSupreme Court of Florida · 1915
- McMahon v. PlumbSupreme Court of Connecticut · 1914
- Reeves v. WhittleSupreme Court of Georgia · 1930
- Smith v. Georgia Industrial Realty Co.Supreme Court of Georgia · 1959
- Whitfield v. MaddoxSupreme Court of Georgia · 1940
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