93 Ga. 587 | Ga. | 1894
The Union Cotton Mills filed, an.equitable petition against Napier, praying the specific performance of a contract made by him with the plaintiff. .This contract was in the form of a written proposal by Napier, which was fully accepted by the directors of the plaintiff. A copy of the same appears in the reporter’s statement.
Under these facts, it would be simply monstrous to .allow Napier to retain the title to the ten acres, which, beyond all question, belong to the plaintiff because of the full and complete performance of it's contract, as above stated. An examination of the written instrument will show that, as to the several matters embraced in it, it is severable, and there can be no difficulty in •enforcing so much of it, at least,'as relates to the ten acres of land; the demurrer, though based on several grounds, being general and going to the petition as a whole, and not separately to any part of it. There was certainly equity in the petition, at least to .the extent indicated, and for this reason the court committed no -error in overruling the demurrer.
As to the several other matters embraced in'the contract, we do not at this time decide anything. If, after a
Judgment affirmed.