SAVANNAH BANK & TRUST CO. v. HANLEY

17416, 17426.

208 Ga. 34 (1951)

65 S.E.2d 26

SAVANNAH BANK & TRUST CO., executor, v. HANLEY et al; et vice versa.

Supreme Court of Georgia.

Decided April 9, 1951.

Rehearing Denied May 16, 1951.


Attorney(s) appearing for the Case

Gazan, Walsh & Bernstein, for plaintiff in error.

Joseph Scott and John M. Brennan, contra.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) To the petition as amended, the defendant demurred on the ground that the petition and the amendments thereto did not set forth any cause of action against the defendant.

"Specific performance is not a remedy which either party can demand as a matter of absolute right, and will not in any given case be granted unless strictly equitable and just. Mere inadequacy of price may justify a court in...

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