76 Ga. 3 | Ga. | 1885
The object of this suit is to rescind a contract for the sale of the mineral lands mentioned in the bill, by the de
In his answer, Hand denied these various acts of waste; he stated, however, and introduced proof to show, that at the time White purchased, there was piping on the land, of which White was fully cognizant; that the land was valuable only for mining purposes, and that the minerals in it could not have been mined without the use of the water from this pipe run, and several witnesses testified that the existence of this pipe enhanced the value of the land for the use to which it was intended to be put, and the ability to procure water therefrom was one of the principal inducements to the purchase. He admitted that he had entered on the land, taken up the old and put down larger piping, thereby increasing the facilities for furnishing a supply of water to those working mines on the land, White, who all the time acted as plaintiff’s agent, not objecting thereto, and being doubtless apprized of what was transpiring. Hand submitted his entire willingness to perform specifically the contract in favor of complainant, upon receiving the balance of the purchase money due him, with interest on the same. •
The jury found that there should be a specific performance of the contract; that Hand, upon receiving $1,500 with interest thereon within forty days, should convey to complainant the land, or in the event she failed to make the payment within the time prescribed, the land should be sold, and after paying Hand’s debt and the cost, the balance, if any, should be turned over to the complainant. A decree was entered in accordance with the verdict, and a new trial was moved by complainant, upon various grounds, which was refused, and she excepted and brought the case to this court.
Judgment affirmed.