Frazier v. Beasley

Supreme Court of Georgia

Frazier v. Beasley

184 S.E. 712, 182 Ga. 121, 1933 Ga. LEXIS 43

CourtSupreme Court of Georgia

DecidedMarch 11, 1933

DocketNo. 10943

StatusPublished

Cited by1 cases

This text of 184 S.E. 712 (Frazier v. Beasley) 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

Frazier v. Beasley, 184 S.E. 712, 182 Ga. 121, 1933 Ga. LEXIS 43 (Ga. 1933).

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Opinion

Gilbert, Justice.

Suit for specific performance of a parol contract for the sale of described land, with prayers for injunction, decree of title, and other relief, was filed by E. B. Beasley against John O. Frazier. General and special demurrers were filed. An amendment to the petition was filed, and objections and demurrers to the amendment were overruled, and the amendment was allowed. Exceptions were filed. A second amendment to the petition was filed, and a demurrer thereto was overruled and exceptions were filed. General and special demurrers to the petition as amended were then renewed and overruled. The defendant excepted. Held, that the petition as amended is subject to the general demurrer on the ground of the vagueness. of the allegations as to the terms of the contract, what the purchase-price was, and when due, and whether any part had been paid. No tender of the amount due and requisite for specific performance was made. The court erred in overruling the demurrers. Judgment reversed.

All the Justices concur.

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Gilbert, Justice.

Suit for specific performance of a parol contract for the sale of described land, with prayers for injunction, decree of title, and other relief, was filed by E. B. Beasley against John O. Frazier. General and special demurrers were filed. An amendment to the petition was filed, and objections and demurrers to the amendment were overruled, and the amendment was allowed. Exceptions were filed. A second amendment to the petition was filed, and a demurrer thereto was overruled and exceptions were filed. General and special demurrers to the petition as amended were then renewed and overruled. The defendant excepted. Held, that the petition as amended is subject to the general demurrer on the ground of the vagueness. of the allegations as to the terms of the contract, what the purchase-price was, and when due, and whether any part had been paid. No tender of the amount due and requisite for specific performance was made. The court erred in overruling the demurrers. Judgment reversed.

All the Justices concur.

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Bluebook (online)

184 S.E. 712, 182 Ga. 121, 1933 Ga. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-beasley-ga-1933.

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