Lindsay v. Warnock

• Decision Date: 26 March 1894
• Citation: 21 S.E. 127,93 Ga. 619
• Parties: LINDSAY v. WARNOCK.
• Court: Georgia Supreme Court

21 S.E. 127

93 Ga. 619

LINDSAY v. WARNOCK.

Supreme Court of Georgia

March 26, 1894

Syllabus by the Court.

Where by a written contract, the owner of a tract of land stipulated to convey to the other contracting party a half interest in all the minerals that the latter might find open, and develop "to the extent that it will justify the employ of labor," with timber and water for mining purposes, the other party stipulating in the writing to prospect the land within a specified time at his own expense and the latter having complied with this stipulation, and discovered, opened, and developed a mineral of unknown name, but of sufficient value to justify the employment of labor in mining the same, equity will, at his instance, compel the former to specifically execute his contract to convey in accordance with its terms. There was no want of mutuality in the terms of the contract as set forth in the writing, and the failure to sign the writing by the party who performed his undertaking is of no consequence, after full performance on his part.

Error from superior court, Floyd county; W. M. Henry, Judge.

Bill by W. F. M. Lindsay against J. M. Warnock for specific performance. From a judgment for defendant, plaintiff brings error. Reversed.

T. W. Alexander, for plaintiff in error.

Wrights & Harper, for defendant in error.

SIMMONS J.

Warnock entered into a written contract with Lindsay in which it was stipulated that if Lindsay should find on certain land of Warnock between January 7, 1891, and August 27, 1891, any minerals that would justify the "employ of labor," Warnock would convey to Lindsay a half interest in all the minerals that Lindsay might find, open, and develop "to the extent that it will justify the employ of labor," with timber and water for mining purposes; it being also stipulated therein that Lindsay should prospect the land at his own expense, and should not stop work over 30 days unless providentially hindered. The writing was signed only by Warnock. On November 11, 1891, Lindsay filed an equitable petition praying for specific performance of Warnock's contract to convey a half interest in the minerals discovered on the land, and for an injunction to restrain Warnock from selling the land or the mineral interest therein. In his petition he alleged, in substance, that in pursuance of the contract he went forward, and at great expense and labor opened tunnels and shafts on the...