Armor v. Stubbs
Supreme Court of Georgia
Action for specific performance. Before'Judge Park. Putnam superior court. July 11, 1919. This action was brought by R. D. Stubbs against W. G. Armor, for specific performance of a contract for sale of land. A demurrer for want of a cause of action was overruled; and a demurrer by the plaintiff; to certain parts of the defendant’s answer was sustained. The defendant excepted to each of these rulings.
1Opinion of the CourtFish, C. J.
The petition set forth a cause of action for specific performance of a contract for the said of land, and was not subject to the demurrer- filed. “ If, for any cause, the specific performance is impossible, or the vendee declines to accept a performance in part, the court may proceed to assess damages for the breach of the contract.” Civil Code, § 4639. Where the petition for specific performance of a contract for the sale of land contains two counts, in the first of which there is a prayer for specific performance, and in the second there is a prayer for damages for failure to perform, the…
2Cases cited2 opinions
- Turner v. CampSupreme Court of Georgia · 1900
- Cox v. HardeeSupreme Court of Georgia · 1910
3Cited by16 opinions
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- Stovall v. RumbleCourt of Appeals of Georgia · 1944
- Webb v. PrinceCourt of Appeals of Georgia · 1940
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