Burkhalter v. Roach
Supreme Court of Georgia
Equitable petition. Before Judge Sheppard. Tattnall superior court. July 11, 1913. G. Y. Burkhalter brought suit against Mrs. Amanda A. Eoach, alleging that he and the defendant entered into the following written contract for the purchase of land: “This agreement made and entered into between Amanda Boach and G. Y. Burkhalter, both of Tattnall County, Georgia, as follows: The said G. Y. Burk-halter agrees to buy and the said Amanda Boach agrees to sell to said Burkhalter…
Read the full summary
Equitable petition. Before Judge Sheppard. Tattnall superior court. July 11, 1913. G. Y. Burkhalter brought suit against Mrs. Amanda A. Eoach, alleging that he and the defendant entered into the following written contract for the purchase of land: “This agreement made and entered into between Amanda Boach and G. Y. Burkhalter, both of Tattnall County, Georgia, as follows: The said G. Y. Burk-halter agrees to buy and the said Amanda Boach agrees to sell to said Burkhalter 1040 acres, more or less, of land in the 401st G. M. District of Tattnall County, bounded north by Canoochee river and J.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. Courts in proper cases will require parties to specifically perform their contracts, but courts have no power to make contracts for the parties. The plaintiff and the defendant entered into a written contract for the sale of land. The premises were described as calling for certain abutters and a natural landmark. There is no allegation of misdescription, nor any prayer for relief against an erroneous description. The plaintiff attaches to his petition a deed wherein the description is different from that in the contract of sale, and asks a decree…
2Cases cited8 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Miller v. WatsonSupreme Court of Georgia · 1912
- Ellis v. BryantSupreme Court of Georgia · 1904
- Terry v. KeimSupreme Court of Georgia · 1905
- Tumlin v. VanhornSupreme Court of Georgia · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fraser v. JarrettSupreme Court of Georgia · 1922
- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Finney v. BlalockSupreme Court of Georgia · 1950
- DeLamar v. Fidelity Loan & Investment Co.Supreme Court of Georgia · 1924
- Turman v. SmarrSupreme Court of Georgia · 1916
15 more not listed; retrieve them via the Exa API.