Houston v. Farley
Supreme Court of Georgia
Petition, for specific performance. Before Judge Searcy. Upson superior court. December 9, 1916. W. B. Houston and L. F. Farléy entered into a verbal contract that Farley was to attend an administrator’s sale and purchase thereat a described lot of .land if it should sell for less than $3,000, and, if the land was purchased, to take title to himself and execute to Houston a bond conditioned to make or cause to be made to him good and sufficient title to the property…
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Petition, for specific performance. Before Judge Searcy. Upson superior court. December 9, 1916. W. B. Houston and L. F. Farléy entered into a verbal contract that Farley was to attend an administrator’s sale and purchase thereat a described lot of .land if it should sell for less than $3,000, and, if the land was purchased, to take title to himself and execute to Houston a bond conditioned to make or cause to be made to him good and sufficient title to the property purchased, upon his compliance with certain conditions, namely, the payment in cash of the sum-of $100 and the giving of his…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) A ground of the demurrer raises the point that the oral contract of which specific performance is sought.is within the statute of frauds. The plaintiff contends that the statute does not apply to a case as alleged in the petition. He bases such contention on the dictum of the first headnote in the case of Chastain v. Smith, 30 Ga. 96, that “Where one person agrees, as agent, to buy land for another as his principal, and does buy it, but takes the title in his own name, this title in his hands stands affected with a resulting trust for the benefit of the…
2Cases cited5 opinions
- Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
- Hall v. EdwardsSupreme Court of Georgia · 1913
- Chastain v. SmithSupreme Court of Georgia · 1860
- Roughton v. RawlingsSupreme Court of Georgia · 1892
- Lyons v. BassSupreme Court of Georgia · 1899
3Cited by11 opinions
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Loggins v. DavesSupreme Court of Georgia · 1946
- Archer v. KelleySupreme Court of Georgia · 1942
- Williams v. PorterSupreme Court of Georgia · 1947
- Tanner v. HinsonSupreme Court of Georgia · 1923
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