166 Ga. 62 | Ga. | 1928
(After stating'the foregoing facts.)
The controlling question presented by the demurrer is whether the description of the land alleged to have been bought by Arrendale is sufficient to render the alleged contracts enforceable. The plaintiff in error insists that the writings upon which the plaintiff based his right to specific performance are void by reason of the fact that the description of the land is so vague and indefinite as to amount to practically no description at all. As to defective descriptions of property the sale of which is required by
It would be useless to recapitulate and discuss the many special and general demurrers filed by the able counsel for the plaintiff in error, though in view of the strenuous insistence of counsel upon each and every ground we have carefully considered each and every one of these demurrers. However, being firmly convinced that the description in the two contracts which were contemporaneously entered into supplies a key which authorizes the introduction of extraneous evidence to complete the defective description, we are of the opinion that the lower court did not err in his judgment overruling the demurrers. The court properly sustained the demurrer to so much of the petition as sought to collect attorney’s fees, and also paragraph 2 of the amendment of August 1, 1925, relating to the advertisement of the property; and this really left only one question before the court, to wit, whether there was in the written contracts embodied in the pleadings enough to so identify the land which was the subject-matter of the sale and purchase as to permit resort to aliunde proof to perfect a more exact description as a means of enforcing plaintiff’s equitable right to specific performance. It is argued that there “is nothing to show in what State, county, district, or land lot out of which tract number 15 in block-is to be or has been carved,” but this court answered a similar argument under the same circumstances in Valdosta Machinery Co. v. Finley, 164 Ga. 706 (139 S. E. 337), adversely to the contention. Moreover, unless this court was wrong in its decisions in Nichols v. Hampton, Thomas Furniture Co. v. T. & C. Furniture Co., and Bennett v. Green, supra, the statement in the writing to the effect that tract “number 15 in block-” had that day “been bid off by Arrendale,” amplified by the statement that he was on the ground, that the lot was staked off, and that he had a copy of the plat in his hand at the time he bid, seems to us conclusive that the would-be purchaser knew the precise lot upon which he bid, its precise location, the State and county in which it was situated, and at least its approximate dimensions. The demurrers to the amendment which the plaintiff was allowed to file are strongly urged. It is insisted that there is no refer
Judgment affirmed.