103 Ga. 134 | Ga. | 1897
On December 12, 1894, Perry signed and delivered to Sims a paper of which the following is a copy: “This is to certify that I have this da)? bargained to Jim Sims fifty acres
It was contended in the argument here, that this case was controlled by the cases of Peacock v. Deweese, 73 Ga. 570, and Grizzle v. Gaddis, 75 Ga. 350 ; and that under the rules laid down in those two cases the court should have refused to decree a specific performance of the contract upon Avhich the plaintiff relied. We'do not think these cases are controlling in the case under consideration. In the former there ivas no consideration for the contract Avhich was sought to be enforced. Justice Blandford says in the opinion: “The agreement is gratuitous and entirely voluntary on the part of defendant in error. A court of equity never decrees a specific performance
Judgment affirmed.