50 S.E.2d 258 | Ga. Ct. App. | 1948
1. The alleged executory contract for the sale of land here in issue indicated the vendor's intention to sell all that tract of land "in Clayton Co., Ga., being improved property with a 2 story dwelling; beginning at a point at the intersection of Dixie Hwy. and Forrest Park Rd., and known as Land Lot 52 of 13 Dist., being approx. 6 1/2 acres and approx. 540 ft. Hiway frontage." This description shows that the land which was the subject of the contract was on one of the corners at the intersection of the Dixie Highway and Forrest Park Road, but it does not show upon which of such corners the land was located. "If there is an ambiguity, latent or patent, it may be explained. [Code of 1933, § 20-704 (1)] . . `Where the description applies equally to several *69
tracts, a latent ambiguity results, which may be explained by showing which one of the several tracts was claimed by the grantor.'" Petretes v. Atlanta Loan c. Co.,
2. A written contract for the sale of designated realty for a consideration of $28,500 to be paid "$14,000.00 Cash; 14,500.00 to be financed," and containing no further enumeration of the terms of payment, is uninforceable for indefiniteness and uncertainty and will not form the basis of an action by the vendor against the purchaser for damages for the breach thereof. Crawford v. Williford,
3. A proffered amendment to the petition alleging that "simultaneously with the execution of said written contract, as an inducement to the execution thereof and as additional and further consideration therefor, plaintiff and defendant entered into a distinct, independent collateral oral agreement, and had a definite and mutual understanding between themselves with respect to the manner in which the $14,500 balance on the purchase-price for said property was to be financed," and setting out the terms of the oral agreement, does not supply the deficiency in the cause of action alleged; because a contract for the sale of land, which is partly in writing and partly in parol, is not enforceable, by reason of the statute of frauds. Code, § 20-401 (4); Lester v. Heidt,
(a) The facts of this case differentiate it from the cases of Indiana Truck Corp. v. Glock,
4. The trial court did not err in sustaining the general demurrer to the petition and did not err in refusing to allow the proffered amendment.
Judgment affirmed. Gardner and Townsend, JJ., concur.