173 Ga. 117 | Ga. | 1931
Section 551G of the Civil Code reads as follows: “As a general rule, the action on a contract, whether express or implied,
In Union City Realty & Trust Co. v. Wright, 138 Ga. 703 (76
The promise upon the part of S. S. Rountree to pay the debts of the company falls within the third exception to the statute of frauds, which reads: “Where there has been such part performance of the contract as would render it a fraud of the party refusing to comply,-if the court did not compel a performance.” Civil Code, § 3223, par. 3. We think there has been such part performance of the contract as would render it a fraud to refuse the equitable relief sought by the petitioner in this case. A debtor of petitioner sold and conveyed to S. S. Rountree a large body of land and other assets belonging to the debtor company; in fact,
Judgment reversed.