Bonet v. Cheshire

• Decision Date: 17 May 1917
• Docket Number: (No. 454.)
• Citation: 92 S.E. 636,147 Ga. 30
• Parties: BONET. v. CHESHIRE.
• Court: Georgia Supreme Court

(147 Ga. 30)

92 S.E. 636

BONET.

v.CHESHIRE.

(No. 454.)

Supreme Court of Georgia.

May 17, 1917.

(Syllabus by the Court.)

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action between Mrs. Edwin M. Boney and Mrs. L. C. Cheshire. Judgment for the latter, and the former brings error. Affirmed.

Mrs. L. C. Cheshire filed a petition against Mrs. Edwin M. Boney, formerly Mrs. N. M. Meyers, and alleged substantially as follows: On or about April 29, 1915, plaintiff and defendant entered into a contract for the exchange of certain property, wherein it was agreed that defendant would purchase of the plaintiff certain real estate— "known as No. 48 Angier avenue, in the city of Atlanta, Fulton county, she to assume a loan thereon of $2,600, and defendant agreeing to convey to petitioner a certain tract of land located in Troup county, state of Georgia, in the Fourth land district, and being 113 1/2 acres from the cast side of land lot 54, all of land lot 49, 6 acres in the immediate northeast corner of land lot 21, 112 acres from land lots 20 and 21, said tracts comprising approximately 400 acres, and being the same property described in deed recorded among Troup County Records in Book 10, p. 656, and known as the Roberts place, petitioner herein agreeing to pay, in addition to exchange of property, the sum of $600, either by giving notes therefor, or cash, at her election."

In pursuance of the agreement petitioner examined the titles to the property of de fendant, has been willing, ready, and able at all times to comply with the terms of the contract as imposed on her, and has offered so to do, and has tendered to defendant the $600 and deed of conveyance to her property at 46 [48] Angier avenue. Defendant has failed and...