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Lawskills.com Georgia Caselaw
HOWINGTON v. JUHAN.
21992.
DUCKWORTH, Chief Justice.
Specific performance. Gwinnett Superior Court. Before Judge Pittard.
It has been repeatedly held that a petition for specific performance of a contract must allege the value of the property so as to enable the court to determine that the contract was fair, just and not against good conscience. Code 37-805; Shropshire v. Rainey, 150 Ga. 566 (104 SE 414); Coleman v. Woodland Hills Co., 196 Ga. 626 (27 SE2d 226); Ogletree v. Ingram & LeGrand Lbr. Co., 207 Ga. 333 (61 SE2d 480); Harris v. Abney, 208 Ga. 518 (67 SE2d 724); Payne v. Jones, 211 Ga. 322, 327 (86 SE2d 3). The petition having failed to make such allegations, no cause of action for specific performance of the contract is alleged, and the lower court did not err in sustaining the general demurrer and dismissing the petition.
Webb & Fowler, for plaintiff in error.
SUBMITTED MARCH 12, 1963 -- DECIDED MARCH 25, 1963.
Friday May 22 22:19 EDT


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