Legal Opinion

Matlock v. Duncan

Supreme Court of Georgia

Decided July 9, 1964No. 22541PublishedCited by 3 opinions

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

  1. Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
  2. F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
  3. Chatham Amusement Co. v. PerrySupreme Court of Georgia · 1960
  4. Lee v. LeeSupreme Court of Georgia · 1941
  5. Parker v. GortatowskySupreme Court of Georgia · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mike Doll, Ronald Elbon and Kent Langworthy v. Grand Union CompanyCourt of Appeals for the Eleventh Circuit · 1991
  2. Pettit v. GrayCourt of Appeals of Georgia · 1993
  3. Mansfield v. LaryCourt of Appeals of Georgia · 1965

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