Baker v. Corbin
Supreme Court of Georgia
Petition for injunction. Before Judge Eve. Tift superior court. March 2, 1918. The petition of plaintiff alleges in substance as follows: In the year 1917 Baker, the plaintiff, and Corbin, the defendant in this suit, entered into a contract by which Baker agreed and made bond to convey to Corbin title to land described as “a certain tract or parcel of land lying and being in the 6th land district of Tift County, Georgia, and bounded as follows: Beginning at the southwest…
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Petition for injunction. Before Judge Eve. Tift superior court. March 2, 1918. The petition of plaintiff alleges in substance as follows: In the year 1917 Baker, the plaintiff, and Corbin, the defendant in this suit, entered into a contract by which Baker agreed and made bond to convey to Corbin title to land described as “a certain tract or parcel of land lying and being in the 6th land district of Tift County, Georgia, and bounded as follows: Beginning at the southwest corner of lot of land number 428, and running the original line east 1948 feet to the Old Union public road; thence along…
1Opinion of the CourtGilbert, J.
The court did not err in refusing to enjoin th« suit in the city court. The suit sought to be enjoined ds a suit for damages based on an allegation of breach of contract only in so far as 'the vendor refused to surrender possession of the land to the vendee. To this suit the vendor, if the facts alleged by him are true, has a complete defense at law. The contract for the sale of the land by Baker to Corbin is by the tract or entire body, and therefore the deficiency, if any, can not be apportioned. Civil Code (1910), § 4122. The vendor is obliged to convey, and surrender possession of, only…
2Cases cited6 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Ray v. PeaseSupreme Court of Georgia · 1894
- Langston v. LangstonSupreme Court of Georgia · 1917
- Finney v. MorrisSupreme Court of Georgia · 1902
- Beall v. BerkhalterSupreme Court of Georgia · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Blackwell v. PartridgeSupreme Court of Georgia · 1923
- Keiley v. Citizens Savings Bank & Trust Co.Supreme Court of Georgia · 1931
- Manget v. CunninghamSupreme Court of Georgia · 1928
- Skinner v. Stewart Plumbing Co.Supreme Court of Georgia · 1928
- American Security Co. v. SealeySupreme Court of Georgia · 1931
6 more not listed; retrieve them via the Exa API.