Lee v. Green

Quillian, Justice.

1. In order for a court of equity to decree specific performance of a contract, the petition seeking the relief must show the contract is valid. Pair v. Pair, 147 Ga. 754, 757 (95 SE 295); Crum v. Fendig, 157 Ga. 528, 530 (121 SE 825); Scott v. Scott, 169 Ga. 290, 293 (150 SE 154). The statutory requisites of a valid contract are “there must be parties able to contract, a consideration moving to the contract, the assent of the parties to- the terms of the contract, and a subject-matter upon which it can operate.” Code § 20-107. One of the essential elements of a binding…