Lawton v. Byck

217 Ga. 676 (1962)

124 S.E.2d 369

LAWTON et al.

v.

BYCK.

21470.

Supreme Court of Georgia.

Argued January 8, 1962.

Decided February 12, 1962.

Rehearing Denied March 8, 1962.

Ogden Doremus, for plaintiff in error.

Sylvan A. Garfunkel, contra.

MOBLEY, Justice.

1. "The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property; but a want of title or other inability as to part shall not be a good answer to the vendee seeking performance, who is willing to accept title to the part, receiving compensation for the other. If the…