Henry v. Duvall

Supreme Court of Georgia

Henry v. Duvall

252 S.E.2d 466, 243 Ga. 40, 1979 Ga. LEXIS 793

CourtSupreme Court of Georgia

DecidedJanuary 24, 1979

Docket34304

StatusPublished

This text of 252 S.E.2d 466 (Henry v. Duvall) 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

Henry v. Duvall, 252 S.E.2d 466, 243 Ga. 40, 1979 Ga. LEXIS 793 (Ga. 1979).

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Opinion

Undercofler, Presiding Justice.

This case involves an action to reform or set aside a contract for the sale of land on the grounds of mutual mistake. The plaintiff purchased two adjoining tracts of land near Carter Dam Lake and sued to rescind or reform both contracts after the United States Corps of Engineers altered access to the property. We affirmed the grant of a directed verdict in favor of the grantors on one of the tracts in Henry v. Thomas, 241 Ga. 360 (245 SE2d 646) (1978). Since this case, here on appeal from a grant of summary judgment, is controlled by the same principle of law, that equity will not relieve a party to a contract on the basis of an unforeseeable and uncontrollable future event, we affirm this judgment also.

Judgment affirmed.

All the Justices concur.

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Undercofler, Presiding Justice.

This case involves an action to reform or set aside a contract for the sale of land on the grounds of mutual mistake. The plaintiff purchased two adjoining tracts of land near Carter Dam Lake and sued to rescind or reform both contracts after the United States Corps of Engineers altered access to the property. We affirmed the grant of a directed verdict in favor of the grantors on one of the tracts in Henry v. Thomas, 241 Ga. 360 (245 SE2d 646) (1978). Since this case, here on appeal from a grant of summary judgment, is controlled by the same principle of law, that equity will not relieve a party to a contract on the basis of an unforeseeable and uncontrollable future event, we affirm this judgment also.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

252 S.E.2d 466, 243 Ga. 40, 1979 Ga. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-duvall-ga-1979.

Opinion

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