Clay v. McClure

Supreme Court of Georgia

Clay v. McClure

107 S.E. 45, 151 Ga. 464, 1921 Ga. LEXIS 293

CourtSupreme Court of Georgia

DecidedApril 16, 1921

DocketNo. 2246

StatusPublished

This text of 107 S.E. 45 (Clay v. McClure) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clay v. McClure, 107 S.E. 45, 151 Ga. 464, 1921 Ga. LEXIS 293 (Ga. 1921).

Pincite

Opinion

Gilbert, J.

This is a suit for specific performance of a contract for the exchange of real estate. The property owned by the defendant was sufficiently described. The real estate to be given in exchange by the plaintiff to the defendant was described in part as follows: “ 130 Hollywood Cemetery Lots in Fulton County, Georgia.” The contract, which was in writing, contained no other or additional descriptive terms; and the contract was too vague and indefinite, in point of description, to enable the court to decree specific performance. Accordingly, the court did not err in sustaining the general demurrer to the plaintiff’s petition and dis-. missing the action.

Judgment affirmed.

All the Justices concur.

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Gilbert, J.

This is a suit for specific performance of a contract for the exchange of real estate. The property owned by the defendant was sufficiently described. The real estate to be given in exchange by the plaintiff to the defendant was described in part as follows: “ 130 Hollywood Cemetery Lots in Fulton County, Georgia.” The contract, which was in writing, contained no other or additional descriptive terms; and the contract was too vague and indefinite, in point of description, to enable the court to decree specific performance. Accordingly, the court did not err in sustaining the general demurrer to the plaintiff’s petition and dis-. missing the action.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

107 S.E. 45, 151 Ga. 464, 1921 Ga. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-mcclure-ga-1921.