Jackens v. Nicolson
Supreme Court of Georgia
Equity. Specific Performance. Contracts. Principal and Agent. Statute of Frauds. Auctioneers. Before Judge Snead. Chatham Superior Court. March Term» 1882. Mrs. Jackens filed her, bill against Nicolson, alleging, in brief, as follows: In April, 1881, she placed in the hands of Blum, a regular auctioneer in Savannah, a city lot with improvements thereon for sale.
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Equity. Specific Performance. Contracts. Principal and Agent. Statute of Frauds. Auctioneers. Before Judge Snead. Chatham Superior Court. March Term» 1882. Mrs. Jackens filed her, bill against Nicolson, alleging, in brief, as follows: In April, 1881, she placed in the hands of Blum, a regular auctioneer in Savannah, a city lot with improvements thereon for sale. It was advertised, and on April 5, was offered at public outcry, and sold to Nicolson as the highest bidder, at the price of $1,900.00 cash. A written memorandum of the sale and its terms was entered by the auctioneer on his books.…
1Opinion of the Court
Craweord, Justice.
This bill was filed for the specific performance of a contract in the purchase of certain l’eal estate at public auction, and where the purchaser refused to take the deed and pay the contract price. The bill was dismissed, on demurrer, for the want of equity, and because the complainant had an adequate and complete remedy at law.
Conceding that the memorandum of the auctioneer-made at the time of the sale is all that is required bylaw, the only question in the case is, whether the complainant is entitled to a specific performance of the contract.
This question, we think, is…
2Cases cited1 opinion
- Chance v. BeallSupreme Court of Georgia · 1856
3Cited by7 opinions
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- Crovatt v. BakerSupreme Court of Georgia · 1908
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