Crosby v. Georgia Realty Co.
Supreme Court of Georgia
Equitable petition. Before Judge Conyers. Appling superior court. March 17, 1911. On July 26, 1910, the Georgia Bealty Company, a corporation, instituted an action against J. H. Crosby for specific performance of the following contract, signed by both parties: “Graham, Ga., April 16, 1910. Beceiyed of Georgia Bealty Company, of Madison, Georgia, $500.00 in part payment of 1,400 acres of land, same being in Appling and Jeff Davis Counties, Georgia, same being all the land I…
Read the full summary
Equitable petition. Before Judge Conyers. Appling superior court. March 17, 1911. On July 26, 1910, the Georgia Bealty Company, a corporation, instituted an action against J. H. Crosby for specific performance of the following contract, signed by both parties: “Graham, Ga., April 16, 1910. Beceiyed of Georgia Bealty Company, of Madison, Georgia, $500.00 in part payment of 1,400 acres of land, same being in Appling and Jeff Davis Counties, Georgia, same being all the land I own on south side of the Southern Eailroad, containing 325 acres, more or less, including all improvements, storehouses,…
1Opinion of the CourtAtkinson, J.
1. If one party to a continuing contract, consisting of mutual obligations, renounces and repudiates it prior to the date fixed for performance, the other party is at liberty either to immediately treat such renunciation as a breach of the contract and sue for damages sustained therefrom, or to treat the contract as still binding, and wait until the time arrives for performance, in order to give the party who has repudiated the contract an opportunity to comply with its terms. Ford v. Lawson, 133 Ga. 237 (5), 238 (65 S. E. 444), and citations. But where the contract is for the sale of land,…
2Cases cited2 opinions
- Ford & Co. v. LawsonSupreme Court of Georgia · 1909
- Miller v. JonesWest Virginia Supreme Court · 1911
3Cited by13 opinions
- Gilleland v. WelchSupreme Court of Georgia · 1945
- Dempsey v. LangtonMichigan Supreme Court · 1934
- Shell Petroleum Corp. v. JacksonCourt of Appeals of Georgia · 1933
- Stein v. FrancisNew Jersey Court of Chancery · 1919
- Fanning v. BogackiSupreme Court of South Carolina · 1919
8 more not listed; retrieve them via the Exa API.