Todd v. Bivins

Mobley, Justice.

1. “A petition for specific performance of a contract for the sale of land, is sufficient as against general demurrer, where it is alleged that the contract is in writing, signed by both of the parties, is certain and fair, and is for an adequate consideration and capable of being performed. Code § 37-801; Clark v. Cagle, 141 Ga. 703 (81 S. E. 21, L. R. A. 1915A, 317); Irvin v. Locke, 200 Ga. 675, 676 (38 S. E. 2d 289).” Scheer v. Doss, 211 Ga. 7, 8 (83 S. E. 2d 612). In this case it is alleged that the contract sought to be specifically performed is in writing, signed by the…