219 Ga. 376 | Ga. | 1963
Henry L. Waters filed a suit for legal and equitable relief in the Superior Court of Hall County against D. T. Pethel, Jr. His petition in substance alleges: He leased a described farm from Pethel on March 23, 1956, for a period of five years from that date at $700 per month, payable in advance. The written lease which both the lessor and lessee signed gave him an option to purchase the premises during the
1. As shown by the preceding statement of the case, the instrument here involved contained an offer from Pethel to Waters
2. Are the allegations of the petition sufficient to show that Pethel is estopped by his conduct to deny that Waters is entitled to specific performance of the contract or to a decree of title to the farm in question on payment of $20,000 either to him or into the registry of the court for his benefit? We think they are. Before this litigation was instituted but soon after the option expired, Waters allegedly made an actual, unconditional tender of $20,000 for the farm to Pethel by counting out the money to him, a tender which Pethel then refused to accept. The petition also shows that Pethel, after Waters had repeatedly notified him of his election to purchase the farm in 1961 for $20,000 and prior to the expiration date of the option, stated to Waters that he knew and understood that he had elected to exercise his right to purchase the farm in question; that he already had prepared a deed to him for the farm which he would bring and deliver to him after the expiration date of the option and he could pay for the farm at that time; that both parties understood and agreed that their trade would be concluded in that way and at that time; that Pethel knew Waters was making extensive permanent improvements on the farm which involved large expenditures of money during February and March immediately prior to the expiration date of the option and after Pethel had assured him that he would deliver to him a deed to the farm after the expiration date of the option and the purchase money could then be paid; and that Pethel, after the option expired, refused to comply with his agreement to convey the farm to Waters and to accept the $20,000 he had agreed to take for it. See Studdard v. Hawkins, 139 Ga. 743 (2) (78 SE 116), and the oases there cited.
3. For the reasons stated in either Division 1 or 2 above, we hold that the court properly overruled Pethel’s demurrer to Waters’ petition.
Judgment affirmed.