Edwards v. Trustees of the Baptist Church
This text of 92 S.E. 531 (Edwards v. Trustees of the Baptist Church) 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.
Opinion
1. Where suit is brought to compel specific performance of a parol contract for land, and no facts are alleged to bring the case within any of the exceptions to the statute of frauds, the petition is demurrable. This being such a ease, and the allegations being insufficient to comply with the requirements of the' Civil Code (1910), §§ 3223, 4634, the court properly sustained a general demurrer and dismissed the petition.
2. It is true that the petition contains some general allegations of possession and part performance of the contract by the plaintiff; but when the facts stated in connection therewith are considered, the allegations are insufficient to comply with the statutes above cited. Civil Code (1910), § 4165; Kinderland v. Kirk, 131 Ga. 454 (62 S. E. 582).
Judgment affirmed.
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Cite This Page — Counsel Stack
92 S.E. 531, 147 Ga. 15, 1917 Ga. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-trustees-of-the-baptist-church-ga-1917.