Hughes v. Holliday
Supreme Court of Georgia
Eviction; equitable intervention. Before Judge Kent. Laurens superior court. August 31, 1918. G. R. Hughes commenced proceedings under the Civil Code, § 5385, to evict certain persons as tenants holding over. D. E. Holliday,'as transferee of a certain contract made by Hughes to one Smith, intervened and prayed that Hughes be required to specifically perform the contract.
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Eviction; equitable intervention. Before Judge Kent. Laurens superior court. August 31, 1918. G. R. Hughes commenced proceedings under the Civil Code, § 5385, to evict certain persons as tenants holding over. D. E. Holliday,'as transferee of a certain contract made by Hughes to one Smith, intervened and prayed that Hughes be required to specifically perform the contract. The contract was under seal, executed by Hughes only, and, as copied from the record, is as follo'ws: “Georgia, Laurens County. This agreement and indenture made and entered into this 6th day of January, 1917, between G. R.…
1Opinion of the Court
George, J
(After stating the foregoing facts.) The contract sel out in the preceding statement is aD option; it is merely an offer to sell, as distinguished from a contract of sale. Simpson v. Sanders, 130 Ga 265, 269 (60 S. E. 541); Mallet, v. Watkins, 132 Ga. 700 (64 S. E. 999, 131 Am. St. R. 226). Cf. Allison v. Dunwody, 100 Ga. 51 (28 S. E. 651). At common law, time of performance is generally of the essence of a contract; in equity, time is not of the essence unless it is expressly or by clear implication made so. 2 Story’s Equity Jurisprudence (14th ed.), § 1064. In this State the equity…
2Cases cited7 opinions
- Schroeder v. GemeinderNevada Supreme Court · 1875
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Prior v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1913
- Ellis v. BryantSupreme Court of Georgia · 1904
- Larned v. WentworthSupreme Court of Georgia · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Gulf Oil Corporation v. WillcoxonSupreme Court of Georgia · 1955
- Brown v. MathisSupreme Court of Georgia · 1947
- Pethel v. WatersSupreme Court of Georgia · 1965
- Mattox v. WestSupreme Court of Georgia · 1942
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