104 Ga. 386 | Ga. | 1898
(After stating the foregoing facts,)- Before a contract can be enforced or a recovery had for a breach thereof, the subject-matter upon which it is intended to operate must be definitely ascertained. The terms of the contract may sufficiently identify the subject-matter, but where they do not, resort may be had to extraneous evidence of identification; parol evidence being admissible to apply a writing to its subject. The subject-matter of the case under consideration is land, but its description is not clearly set out, being as follows: “Commencing about 100 feet from the land-lot line on May-
Judgment affirmed.