Legal Opinion
Sanders v. Vaughn
Supreme Court of Georgia
Decided April 6, 1967No. 23977PublishedCited by 6 opinions
1Opinion of the Court
Cook, Justice.
1. “A contract which is required by the statute of frauds to be in writing, and which is therefore put in writing, can not be modified by a subsequent agreement in parol.” Gulf Oil Corp. v. Willcoxon, 211 Ga. 462 (2) (86 SE2d 507); Jarman v. Westbrook, 134 Ga. 19 (2) (67 SE 403); Elrod v. Camp, Flanigan & Toole, 150 Ga. 48 (2) (102 SE 357).
2. The contract which the petitioner relies on is an oral modification of a written contract to sell land, and it is not binding on the seller. Code § 20-401 (4). Therefore the petitioner can not enforce the contract by specific performance,…
2Cases cited3 opinions
- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Jarman v. WestbrookSupreme Court of Georgia · 1910
- Elrod v. Camp, Flanigan & TooleSupreme Court of Georgia · 1920
3Cited by6 opinions
- Ryder Truck Lines, Inc. v. ScottCourt of Appeals of Georgia · 1973
- Atlanta Six Flags Partnership v. HughesCourt of Appeals of Georgia · 1989
- Re/Max Specialists, Inc. v. KosakaiCourt of Appeals of Georgia · 1992
- Payne v. Robertson, Beiter & Conner, Inc.Court of Appeals of Georgia · 1974
- Cato v. EnglishSupreme Court of Georgia · 1971
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