148 Ga. 267 | Ga. | 1918
The court did not err in refusing to enjoin th« suit in the city court. The suit sought to be enjoined ds a suit for damages based on an allegation of breach of contract only in so far as 'the vendor refused to surrender possession of the land to the vendee. To this suit the vendor, if the facts alleged by him are true, has a complete defense at law. The contract for the sale of the land by Baker to Corbin is by the tract or entire body, and therefore the deficiency, if any, can not be apportioned. Civil Code (1910), § 4122. The vendor is obliged to convey, and surrender possession of, only the land lying within the described metes