Plantation Land Co. v. Bradshaw

207 S.E.2d 49, 232 Ga. 435, 1974 Ga. LEXIS 976
CourtSupreme Court of Georgia
DecidedJune 18, 1974
Docket28692
StatusPublished
Cited by25 cases

This text of 207 S.E.2d 49 (Plantation Land Co. v. Bradshaw) 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
Plantation Land Co. v. Bradshaw, 207 S.E.2d 49, 232 Ga. 435, 1974 Ga. LEXIS 976 (Ga. 1974).

Opinions

Ingram, Justice.

This appeal is from a judgment of Cherokee Superior Court, in an action brought by the appellant, Plantation Land Company, against appellee, T. B. Bradshaw, seeking specific performance of an alleged contract for the sale of realty between Plantation as purchaser and Bradshaw as seller. Plantation appeals the trial court’s judgment which granted Bradshaw’s motions for judgment on the pleadings, for summary judgment and motions to dismiss and which denied Plantation’s motion for summary judgment.

I.

Appellant has raised several issues for decision, but we need only consider the main issue of whether the [436]*436contract for sale of the realty is too vague and indefinite to sustain a claim for specific performance.

The description of the property in the contract was as follows: "[a] certain tract or parcel of land consisting of approximately 1650 acres and being in land lots . . . of the 15th District, Second Section of Cherokee County, Georgia, and being more particularly described on Exhibit 'A’ annexed hereto and by this reference made a part hereof, said described property, as the same may be amended by the description from the survey to be obtained as provided herein, together with all improvements situated thereon and all rights, easements and appurtenances now or hereafter belonging thereto, herein called 'property/ excluding however, the residential dwelling occupied by the seller together with a tract of property not exceeding 10 acres selected by seller.”

Exhibit "A” of the contract restated the land lots involved saying they were "more particularly shown on a drawing made for T. B. Bradshaw prepared by Lat Ridgeway, dated May 16,1960, less seller’s residence and not more than 10 acres of property to be selected by seller. A copy of said drawing being attached hereto and the property being outlined in red thereon, less and except parcels which have been sold out of the 'Setser’ tract described in Exhibit 'A-2’ hereto.”

Paragraph 2 of the contract calls for a future survey (within 70 days of execution) to be made and agreed upon by both purchaser and seller, or to be determined pursuant to the provisions of that paragraph. Paragraph 2 concludes as follows: "The description from the final survey shall have removed therefrom the residential dwelling house of Seller together with not more than 10 acres thereon as may be designated by seller subject to the approval of purchaser, such approval not to be unreasonably withheld.”

Paragraph 3 sets out the terms regarding the purchase price: "The purchase price of property shall be the product of $1,110 per acre times the number of acres established by the survey hereinabove referred to (excluding seller’s dwelling house and lot) . . .”

Paragraphs 5 and 6 of the sales contract provide that [437]*437the seller, Bradshaw, would lease back most of the land subject to the sales contract except for 10 acres of land and his residence. The seller is to remain in the residence and live there for a given period of time and, under certain conditions, Plantation has an option to purchase Bradshaw’s house and the 10 acres.

The thrust of appellant’s argument is that the original contract, with the plat attached, provides the necessary "key” for identification and description of the subject property. Appellant urges that all the necessary elements of a contract are contained in the present agreement. The subject matter is approximately 1,650 acres that is described in the contract and shown on a plat. The price is $1,110 per acre. A survey is to be made by the purchaser to determine the exact number of acres involved in the sale.

II.

We have concluded the trial court was correct in determining that the description of the land to be sold falls short of that necessary to sustain a decree for specific performance in two particulars. The first legal deficiency arises out of the plat referred to in the contract. Appellant claims that the plat, together with the contract, provides the necessary key for a sufficient description. However, a determination of the exact boundaries of the 1650 acres to be sold cannot be made, either from the plat alone or in conjunction with the contract. Indeed, the parties recognized this possibility by providing in the contract itself that the description may be "amended by the description from the survey to be obtained.” This provision for amendment would seem to be essential to determine the land to be sold as there are several discrepancies between the original description and the final survey.1

[438]*438Specific performance of a contract for the sale of land will not be granted unless the land is clearly identified. Smith v. Georgia Industrial Realty Co., 215 Ga. 431 (2) (111 SE2d 37) (1959). A decree for specific performance operates as a deed. Code Ann. § 81A-170. Therefore, the decree should contain a description as definite as that required to support a deed. In Laurens County Board of Education v. Stanley, 187 Ga. 389 (200 SE 294) (1938), it was held that a provision for a subsequent survey could not cure an indefinite description in a deed. In that case, plaintiff sued to enjoin the board of education from moving a schoolhouse and cutting timber from certain land claimed by the plaintiff under a deed conveying property as follows: "Ten Acres. of land which is hereafter to be surveyed, leaving said schoolhouse in the center . . . being parts of two lots of land (No.) 93 and (No.) 94 of adjoining land of John W. Smith and others.” The court held that this was not an adequate description.2 Even by combining all of the descriptive elements recited in the present contract, including the referenced plat, it is not possible to locate the exact boundaries of the land sought to be conveyed, nor does the description provide a "key” which can be [439]*439explained or applied so as to provide a precise description of the property.

III.

We also agree the trial court was correct in deciding that the description of the 10 acres of land to be excepted from the contract, but subject to the option to purchase, is legally insufficient. It must be borne in mind that Plantation has no obligation to exercise this option and if it is not exercised the land referred to in the option would never pass to Plantation. The description of the 10 acres, as provided in the option to purchase paragraph, is to be determined with reference to the provisions of the leaseback which in turn referred to the survey provided for in Paragraph 2 of the contract. Appellant, therefore, contends that the "key” to the certainty of the 10 acres was provided by (1) the survey to be made and (2) the fact that the ¡seller was authorized to determine the shape of the 10 acres around his dwelling house. Appellant argues that any discrepancy with regard to the description of the 10-acre exception was obviated because at the proper time under the terms of the sales contract, Plantation would acquire all the land under the leaseback and could acquire the excluded land under the option. Thus, appellant strongly contends there can be no question as to what land was eventually to pass to Plantation because Plantation would have become owner of the land subject to the leaseback and could acquire the excluded land which was subject to an option. We do not agree, as the option created no obligation to purchase and the description of the property described therein is inadequate.

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Bluebook (online)
207 S.E.2d 49, 232 Ga. 435, 1974 Ga. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plantation-land-co-v-bradshaw-ga-1974.