Emmett v. Cooper

Supreme Court of Georgia

Emmett v. Cooper

216 S.E.2d 799, 234 Ga. 585, 1975 Ga. LEXIS 1190

CourtSupreme Court of Georgia

DecidedMay 20, 1975

Docket29825

StatusPublished

This text of 216 S.E.2d 799 (Emmett v. Cooper) 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

Emmett v. Cooper, 216 S.E.2d 799, 234 Ga. 585, 1975 Ga. LEXIS 1190 (Ga. 1975).

Pincite

Opinions

Ingram, Justice.

This appeal is from a jury verdict and judgment rendered in the Superior Court of Gwinnett County in favor of the plaintiff-buyer against the defendant-seller for specific performance of a written contract for the sale of improved realty. The trial court overruled the seller’s amended motion for a new trial and the seller’s appeal raises three general issues for decision by this court.

The seller first contends the evidence is insufficient to show the purchase price of the property was fair and that it is also insufficient to show the seller was mentally capable of executing the contract of sale. In addition, the seller contends that the evidence fails to show the buyer made a "valid and legal tender of the purchase price.” The transcript shows that the trial court submitted each of these issues to the jury for determination and gave the jury clear and full instructions for their use in resolving the issues under the evidence presented during the trial of the case. Neither party made any exception to the trial court’s jury instructions and the jury resolved each of these issues adversely to the seller. The verdict has the approval of the trial court and we find no error as the evidence authorizes the jury’s verdict. See Chance v. Beall, 20 Ga. 142 (1856); Whitehead v. Dillard, 178 Ga. 714 (2) (174 SE 244) (1934); and Plemons v. Belcher, 231 Ga. 814, 815 (204 SE2d 120) (1974).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Ingram, Justice.

This appeal is from a jury verdict and judgment rendered in the Superior Court of Gwinnett County in favor of the plaintiff-buyer against the defendant-seller for specific performance of a written contract for the sale of improved realty. The trial court overruled the seller’s amended motion for a new trial and the seller’s appeal raises three general issues for decision by this court.

The seller first contends the evidence is insufficient to show the purchase price of the property was fair and that it is also insufficient to show the seller was mentally capable of executing the contract of sale. In addition, the seller contends that the evidence fails to show the buyer made a "valid and legal tender of the purchase price.” The transcript shows that the trial court submitted each of these issues to the jury for determination and gave the jury clear and full instructions for their use in resolving the issues under the evidence presented during the trial of the case. Neither party made any exception to the trial court’s jury instructions and the jury resolved each of these issues adversely to the seller. The verdict has the approval of the trial court and we find no error as the evidence authorizes the jury’s verdict. See Chance v. Beall, 20 Ga. 142 (1856); Whitehead v. Dillard, 178 Ga. 714 (2) (174 SE 244) (1934); and Plemons v. Belcher, 231 Ga. 814, 815 (204 SE2d 120) (1974).

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

216 S.E.2d 799, 234 Ga. 585, 1975 Ga. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmett-v-cooper-ga-1975.

Opinions

Related

Cite This Page — Counsel Stack