Bush v. Black
| Decision Date | 23 July 1914 |
| Docket Number | 473. |
| Citation | 82 S.E. 530,142 Ga. 157 |
| Parties | BUSH v. BLACK. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where a contract for the sale or exchange of land was headed "Atlanta, Ga., June 7, 1912," and described the property to be conveyed as "#401 Spring known as the Cob Home 50X160 more or less," such description was not so vague and indefinite as to render a petition for specific performance by the purchaser subject to general demurrer. Prima facie the property mentioned in the contract would be treated as in Atlanta, Ga., in the absence of anything appearing to the contrary; and, while the description was carelessly made, it could be applied to its subject-matter by proper allegation and proof.
Construing together the instruments which are set out in the statement of facts, the clause in that signed by the defendant as vendor, to the effect that the vendee would assume the loan on the property, "provided the loan on 401 Spring runs for two years at 5 1/2%," was a condition or proviso inserted for the benefit of the purchaser (the plaintiff). Where the plaintiff alleged that he was ready and willing to comply with the contract, and had tendered to the defendant a warranty deed in accordance therewith, conveying the lot which he had agreed to convey to her, and had tendered to her for her signature a like deed conveying to him the lot described in the preceding headnote, in which deed was contained an assumption of the loan mentioned in the contract, and that the defendant had refused to accept the conveyance from him or to execute the one to him, and further that he stood ready at all times to comply with the terms of the agreement of exchange between himself and the defendant and made the tender continuing, this waived any objection on his part because of the provision in his favor above mentioned; and the petition was not subject to general demurrer on the ground that the contract was conditional and that it did not appear that the condition had been complied with.
Error from Superior Court, Fulton County; Geo. L. Bell, Judge.
Suit by Guy L. Bush against Mrs. L. R. Black, for specific performance of a contract for the exchange of land. From an order sustaining a general demurrer to the petition plaintiff brings error. Reversed.
Guy L Bush filed a petition against Mrs. L. R. Black, to obtain specific performance of a contract for the exchange of lands based, in substance, upon the following allegations: Petitioner and defendant entered into a written contract for the exchange of real estate, as shown by two exhibits attached to the petition, to wit:
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