141 Ga. 478 | Ga. | 1914
The action was by H. J. Grooms against G. 1’. Grooms and T. L. Grooms, for specific performance of an oral contract for the purchase of land. The plaintiff and the defendants are brothers. It was alleged, that in 1901 the plaintiff purchased from G. P. Grooms, for the. sum of $300, a certain tract of land; that at the time of the purchase he paid G. P. Grooms $100 and agreed to pay the balance in two annual installments of $100 each; that in pursuance of the contract of purchase he went into possession of the land and erected valuable improvements - thereon; that after his purchase G. P. Grooms sold the land to T. L. Grooms, the latter agreeing at the time that he would make and deliver to the plaintiff a deed to the land upon the payment of the balance of the purchase-money, which he now refuses to do; and .that the plaintiff had offered to pay the balance of the purchase-money. He tendered the amount into court, and prayed for specific performance of the contract. The defendants denied the various allegations of the petition; and further 'averred, that at one time
Judgment reversed.