Legal Opinion
Lawton v. Byck
Supreme Court of Georgia
Decided February 12, 1962No. 21470PublishedCited by 24 opinions
1Opinion of the Court
Mobley, Justice.
“The vendor seeking specific performance shall show1 an ability to comply substantially with his contract in every part and as to all the property; but a want of title or other inability as to part shall not be a good answer to the vendee seeking performance, who* is willing to accept title to the part, receiving compensation for the other. If the defects in the vendor’s title shall be trifling, or comparatively small, equity shall decree at his instance, granting compensation for such defects.” Code § 37-806. (Italics ours.)
In paragraph 3 of the option, as set out in the…
2Cases cited22 opinions
- Dumas v. StateSupreme Court of Georgia · 1879
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Martin v. HarwellSupreme Court of Georgia · 1902
- Browning v. RichardsonSupreme Court of Georgia · 1935
- Emlen v. RoperSupreme Court of Georgia · 1910
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Farmers Warehouse of Pelham, Inc. v. CollinsSupreme Court of Georgia · 1964
- United States v. Roy W. Williams and Carl v. IveyCourt of Appeals for the Fifth Circuit · 1971
- Walsh v. CampbellCourt of Appeals of Georgia · 1973
- Fox v. WashburnSupreme Court of Georgia · 1994
- A. M. Kidder & Co. v. Clement A. Evans & Co.Court of Appeals of Georgia · 1968
19 more not listed; retrieve them via the Exa API.