Matlock v. Duncan
Supreme Court of Georgia
1Opinion of the Court
Mobley, Justice.
First, does the petition state a cause of action for specific performance of an oral contract to execute a lease of land and for performing said contract? When possession of land is given under agreement upon a meritorious consideration, and valuable improvements made upon the faith thereof, equity will decree specific performance. Code § 37-804.
For a court of equity to decree specific performance of an oral contract as to land, there must be a definite and specific statement of the terms of the contract. “The requirement of certainty extends not only to the subject matter and…
2Cases cited6 opinions
- Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Chatham Amusement Co. v. PerrySupreme Court of Georgia · 1960
- Lee v. LeeSupreme Court of Georgia · 1941
- Parker v. GortatowskySupreme Court of Georgia · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mike Doll, Ronald Elbon and Kent Langworthy v. Grand Union CompanyCourt of Appeals for the Eleventh Circuit · 1991
- Pettit v. GrayCourt of Appeals of Georgia · 1993
- Mansfield v. LaryCourt of Appeals of Georgia · 1965