164 Ga. 706 | Ga. | 1927
The exception presented by this writ of error is to the overruling of a demurrer, under the provision whereby a writ of error is given because had the demurrer been sustained and the petition of the plaintiff dismissed a final disposition of the cause would have resulted.
The defendants demurred to the petition, upon the grounds: (1) There is no equity in the petition. (2) The purported receipt as set forth in paragraph six of the petition is too vague, indefinite, and uncertain to authorize the court to decree specific performance. (3) Specially to paragraph eleven, because it seeks to allege a legal conclusion not authorized by the instrument in writing therein referred to. Paragraph nineteen was demurred to as irrelevant and immaterial. We are of the opinion that the trial judge properly overruled the demurrer, the grounds of which will be treated in their order.
The petition is certainly sufficient to withstand the general demurrer for want of equity. “Specific performance of a contract
The second ground of demurrer is that the description of the lots of land purporting to be the subject-matter of the contract is so absolutely vague and indefinite as to avoid the contract. It is strongly urged that the terms of the contract to be specifically performed must be certain, and that the land which is the subject-matter of the contract must be clearly identified. In support of this proposition Estes v. Winn, 136 Ga. 344 (71 S. E. 470), is cited. It is insisted that the receipt has no date, nor is the place of its execution stated. It is argued that the absence of a statement as
The demurrer as embraced within the third ground is special, and is addressed to the eleventh and nineteenth paragraphs of the petition; and in view of our ruling as to the propriety of admitting parol testimony merely in explanation and identification of the subject-matter without attempting to vary any of the terms of the writing, it was correctly overruled.
Judgment affirmed.