Delfosse v. Coleman

Supreme Court of Georgia

Delfosse v. Coleman

89 S.E.2d 518, 211 Ga. 888, 1955 Ga. LEXIS 507

CourtSupreme Court of Georgia

DecidedOctober 11, 1955

Docket19105

StatusPublished

Cited by2 cases

This text of 89 S.E.2d 518 (Delfosse v. Coleman) 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

Delfosse v. Coleman, 89 S.E.2d 518, 211 Ga. 888, 1955 Ga. LEXIS 507 (Ga. 1955).

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Opinion

Duckworth, Chief Justice.

The contract for the sale of land, which the petition in count one seeks to have specifically performed, or in count two to recover damages because of an alleged breach thereof, is fatally defective in that it relates to only 36 lots of a group of 51 as shown on the plat referred to, and there is nothing therein to identify the 36 lots referred to. Also, it is expressly made subject to approval of tentative layout of subdivision without indicating whose approval; and it is expressly subject to approval of construction and permanent-loan financing without intimating who is to thus approve. The petition, based upon such void contract, alleges no grounds for the relief sought, and the court did not err in sustaining the general demurrer and dismissing the same. Code § 96-101. Compare Marsh v. Baird, 203 Ga. 819 (48 S. E. 2d 529); Haygood v. Duncan, 204 Ga. 540 (50 S. E. 2d 214); Bowles v. Babcock & Wilcox Co., 209 Ga. 858 (76 S. E. 2d 703).

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The contract for the sale of land, which the petition in count one seeks to have specifically performed, or in count two to recover damages because of an alleged breach thereof, is fatally defective in that it relates to only 36 lots of a group of 51 as shown on the plat referred to, and there is nothing therein to identify the 36 lots referred to. Also, it is expressly made subject to approval of tentative layout of subdivision without indicating whose approval; and it is expressly subject to approval of construction and permanent-loan financing without intimating who is to thus approve. The petition, based upon such void contract, alleges no grounds for the relief sought, and the court did not err in sustaining the general demurrer and dismissing the same. Code § 96-101. Compare Marsh v. Baird, 203 Ga. 819 (48 S. E. 2d 529); Haygood v. Duncan, 204 Ga. 540 (50 S. E. 2d 214); Bowles v. Babcock & Wilcox Co., 209 Ga. 858 (76 S. E. 2d 703).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

89 S.E.2d 518, 211 Ga. 888, 1955 Ga. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delfosse-v-coleman-ga-1955.

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