MORGAN v. MADDOX

21218.

216 Ga. 816 (1961)

120 S.E.2d 183

MORGAN et al. v. MADDOX, Executor, et al.

Supreme Court of Georgia.

Decided May 9, 1961.


Attorney(s) appearing for the Case

Jones & Douglas, Paul J. Jones, Jr., for plaintiffs in error.

B. B. Hayes, H. Dale Thompson, contra.


MOBLEY, Justice.

The controlling question in this case is whether or not the petition sets forth a cause of action for the specific performance of a contract for the sale of land.

Code § 37-801 states: "Specific performance of a contract (if within the power of the party) will be decreed generally whenever the damages recoverable by law would not be an adequate compensation for the nonperformance...

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