Chance v. Beall
Supreme Court of Georgia
In Equity, from Baker. Decided by Judge Alexander A. Allen, May Term, 1856. James Chance filed his bill, alleging that on the 15th day of October, in the year 1850, he purchased from Greenyille Spence, then in life, but since deceased, certain lands in the 8th district of Baker County, to-wit: the south-east corner of lot No. 84, consisting of seventy-five acres, and the whole of lot No. 85, except thirty-five acres in the south-east corner, and containing, in the aggregate,…
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In Equity, from Baker. Decided by Judge Alexander A. Allen, May Term, 1856. James Chance filed his bill, alleging that on the 15th day of October, in the year 1850, he purchased from Greenyille Spence, then in life, but since deceased, certain lands in the 8th district of Baker County, to-wit: the south-east corner of lot No. 84, consisting of seventy-five acres, and the whole of lot No. 85, except thirty-five acres in the south-east corner, and containing, in the aggregate, 290 acres, more or less; for which he gave Spence his two promissory notes, for ¡§600 each, and received from him a…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] While it is true that it is discretionary with Courts off Equity to decree a specific performance or turn the parties-over to their remedy at Law, yet, it will be found that in just. *145such a case as this, where the contract is in writing and is certain, and is fair in all its parts, and is for an adequate consideration, and is capable of being performed, it is as much a matter of course for Courts of Equity to decree a specific performance, as it is for a Court of Law to give da.mages for the breach of a contract.
[2.] It is argued that there…
2Cited by10 opinions
- Clark v. CagleSupreme Court of Georgia · 1914
- Jones v. SmithSupreme Court of Georgia · 1949
- Pearson v. GeorgeSupreme Court of Georgia · 1953
- Redmond v. Sinclair Refining Co.Supreme Court of Georgia · 1949
- Blanton v. WilliamsSupreme Court of Georgia · 1952
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