Funk v. Browne & Leacy
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. March 1, 1915.
1Opinion of the CourtHill, J.
1. “Where a contract for the sale of land is in writing signed by both parties, is certain and fair, is for an adequate consideration, and capable of being performed, it is as much a matter of course for a court of equity to decree the specific performance of it as it is for a court of law to give damages for a breach of contract.” Clarke v. Cagle, 141 Ga. 703 (82 S. E. 21, 53 L. R. A. (N. S.) 317).
2. A court can not take judicial cognizance of municipal ordinances. If they are relied on to show rights arising to the plaintiff in regard to land, they should be set out in the pleadings, in…
2Cases cited1 opinion
- Clark v. CagleSupreme Court of Georgia · 1914
3Cited by18 opinions
- Stegall v. Southwest Ga. Housing AuthoritySupreme Court of Georgia · 1944
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Pearson v. GeorgeSupreme Court of Georgia · 1953
- Stegall v. Southwest Georgia Regional Housing AuthoritySupreme Court of Georgia · 1944
- Irwin v. TorbertSupreme Court of Georgia · 1948
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