Ellis v. Bryant
Supreme Court of Georgia
Petition for specific performance. Before Judge Littlejohn. Sumter superior court. December 2, 1903. G. B. Ellis brought his equitable petition against Mrs. F. M„ Bryant for specific performance, alleging, that on January 4, 1902, he entered into a parol contract with her by which she sold and agreed to convey to him certain land described, and that he paid $50 on the purchase-money and received from her a paper of which the following is a copy : “ Americus, Ga., Jan. 4th,…
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Petition for specific performance. Before Judge Littlejohn. Sumter superior court. December 2, 1903. G. B. Ellis brought his equitable petition against Mrs. F. M„ Bryant for specific performance, alleging, that on January 4, 1902, he entered into a parol contract with her by which she sold and agreed to convey to him certain land described, and that he paid $50 on the purchase-money and received from her a paper of which the following is a copy : “ Americus, Ga., Jan. 4th, 1902. Received of G. R. Ellis the sum of fifty dollars ($50.00) as part of the purchase-money for the following land:…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) This was an equitable petition to require Mrs. Bryant to specifically perform a contract expressed in an informal paper in which she acknowledged the receipt of $50 as part of the purchase-price ($1,950) of a described tract of land, with the further provision that the plaintiff should have thirty days to raise the money. The defendant’s answer admits the contract, but insists that’ time was of the essence, and contends that as the cash payment of $850 was not made within the thirty days, she was not obliged to receive the money or to make the deed. Had…
2Cases cited6 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Perry v. PaschalSupreme Court of Georgia · 1897
- Dukes v. BaughSupreme Court of Georgia · 1892
- Chapman v. AyerSupreme Court of Georgia · 1895
- Hudson v. DukeSupreme Court of Georgia · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Miller v. WatsonSupreme Court of Georgia · 1912
- Morgan v. ForbesMassachusetts Supreme Judicial Court · 1920
- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Finney v. BlalockSupreme Court of Georgia · 1950
27 more not listed; retrieve them via the Exa API.