White v. Sikes
Supreme Court of Georgia
Petition for specific performance. Before Judge Eawlings. Tattnall superior court. October 9, 1906. This was a petition praying for the specific performance of a contract for the sale of land, which the judge dismissed, on oral motion, upon the ground that no cause of action was set forth. It appears that Victoria B. Sikes was the owner of a tract of land which she conveyed to her minor son, James Clifford Sikes, the defendant in the present case.
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Petition for specific performance. Before Judge Eawlings. Tattnall superior court. October 9, 1906. This was a petition praying for the specific performance of a contract for the sale of land, which the judge dismissed, on oral motion, upon the ground that no cause of action was set forth. It appears that Victoria B. Sikes was the owner of a tract of land which she conveyed to her minor son, James Clifford Sikes, the defendant in the present case. The deed is in the ordinary form of a conveyance in fee simple with warranty, except that immediately following the name of the grantee in the…
1Opinion of the CourtAtkinson, J.
The only prayers in the petition are for specific performance and general relief. Hence the only relief that can ' be granted under this petition would be that connected with the specific prayer. See Sapp v. Williamson, 128 Ga. 743, 58 S. E. 451. It is therefore only to be determined whether under the allegations of the petition the plaintiff was entitled to a decree for specific performance of the contract contained in the bond for titles. This was a mere executory contract of the infant. The contracts of an infant g.re voidable, except for necessaries. Civil Code, § 3648. If an infant, by…
2Cases cited2 opinions
- Timmerman v. StanleySupreme Court of Georgia · 1905
- Sapp v. WilliamsonSupreme Court of Georgia · 1907
3Cited by23 opinions
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
- Williams v. FottchéSupreme Court of Georgia · 1924
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- Collier v. CollierSupreme Court of Georgia · 1912
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