143 Ga. 539 | Ga. | 1915
(After stating the foregoing facts.) This is the second appearance of this case in this court. Coffey v. Cobb, 140 Ga. 661 (79 S. E. 568). When the ease was here before, in delivering the opinion of the court reversing the judgment of the court below,' Mr. Justice Beck said: “As we have held above, the theory of the' plaintiff, that at the time of her going into possession of certain land pointed out to her by her father in 1907 this possession was taken under such an agreement as would make a parol gift of the land, is untenable in view of the evidence, no certain boundaries or any particular lot of land having been fixed; and moreover, the plaintiff shows by her own evidence that up to the year 1910 she was a mere tenant, paying rent. And we now consider whether or not in the year 1910 such an agreement with reference to the sale and purchase of the land was made by the plaintiff and hex father as would give her a right to a decree of specific performance on the ground that an enforceable parol contract for the sale of the land was made and entered into. Section 4634 of the Civil Code provides: ‘The specific 'performance of a parol contract as to land will be decreed, if the defendant admits the contract, or if it be so far executed by the party seeking relief, and at the instance or by the inducements of the other party, that if the contract be abandoned he “can not be restored to his former position. Full payment alone, accepted by the vendor, or partial payment accompanied with