TREADWELL v. TREADWELL

20895, 20906, 20896, 20907.

216 Ga. 156 (1960)

115 S.E.2d 535

TREADWELL v. TREADWELL; and vice versa. KEMP v. TREADWELL; and vice versa.

Supreme Court of Georgia.

Decided June 28, 1960.


Attorney(s) appearing for the Case

E. B. Shaw, for plaintiff in error (case No. 20895).

Edward Andrews, contra.

Kermit C. Bradford, for plaintiff in error (case No. 20896).

Edward Andrews, contra.


HEAD, Presiding Justice.

"`A contract upon which specific performance is sought must be certain, definite and clear, and so precise in its terms that neither party can reasonably misunderstand it.' Studer v. Seyer, 69 Ga. 125, 126. Moreover, since specific performance is an altogether equitable remedy, and not one which can be demanded, merely by virtue of a proven agreement, as a matter of absolute right, it must be made to further appear that the contract...

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