Busbee v. Chapman

• Decision Date: 15 November 1912
• Citation: 76 S.E. 377,139 Ga. 19
• Parties: BUSBEE et al. v. CHAPMAN.
• Court: Georgia Supreme Court

76 S.E. 377

139 Ga. 19

BUSBEE et al. v. CHAPMAN.

Supreme Court of Georgia

November 15, 1912

Syllabus by the Court.

Where a vendor agrees to accept, as part consideration for realty sold, the erection by the vendee of certain walls at a named valuation, which agreement the vendee fails or refuses to perform, the vendor cannot maintain a suit to recover the balance of the consideration as purchase money of the land, but is relegated to an action for damages for a breach of the contract by the vendee. Butler v. Sams, 138 Ga. 748, 75 S.E. 1127; Chamberlain v. Wolf, 112 Iowa 176, 83 N.W. 893; West Chester & P. R. R. (Pa.) 3 A. 444; 2 Warvelle on Vendors (2d Ed.) § 939; 2 Sutherland on Damages, § 576.

(a) Accordingly, where a petition was filed by the vendor against the vendee for the agreed value of the walls to be erected by the latter, as the balance of the purchase price of the land, the petition was subject to the general demurrer filed, and the court erred in not sustaining it.

Error from Superior Court, Dooly County; U. V. Whipple, Judge.

Action by W. S. Chapman against T. P. Busbee and others, as administrators. Judgment for plaintiff, and defendants bring error. Reversed.

Jos. H. Hall, of Macon, and Busbee & Busbee, of Vienna, for plaintiffs in error.

J. T. Hill and J. W. Dennard, both of Cordele, for defendant in error.

HILL, J.

Judgment reversed. All the Justices concur.