Sweat v. Hendley
Supreme Court of Georgia
Petition for specific performance. Before Judge Mitchell. Berrien superior court. January 6, 1905. J. L. Hendley and his wife, Mrs. Julia Hendley, brought their equitable action jointly against J. W. Sweat, seeking to compel a specific performance of an alleged contract to make a conveyance of land to them.
Read the full summary
Petition for specific performance. Before Judge Mitchell. Berrien superior court. January 6, 1905. J. L. Hendley and his wife, Mrs. Julia Hendley, brought their equitable action jointly against J. W. Sweat, seeking to compel a specific performance of an alleged contract to make a conveyance of land to them. It was alleged that the wife had worked for Sweat, who was her brother, and that he promised to remunerate her, and asked if she would prefer money or land, to which she replied that she would prefer land; that this conversation occurred in the presence of the husband, and thereupon the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) 1. In ejectment or complaint for land mere inaccuracies of description may be corrected by amendment, but the declaration can not be so amended as to sue for another tract or parcel of land, not included in the original suit. This would be to add a new and distinct cause of action. But the present action is not ejectment or complaint for land. It is an equitable proceeding to compel specific performance of a contract to convey land. It would not be competent to add by amendment another distinct *335contract to convey other land, and to seek its enforcement in…
2Cases cited4 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Milburn & Co. v. Davis & TatnallSupreme Court of Georgia · 1893
- McDougald v. WillifordSupreme Court of Georgia · 1854
- Rhodes v. HartSupreme Court of Georgia · 1874
3Cited by2 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Chapman v. Cassels Co.Supreme Court of Georgia · 1935