Lyle v. Phillips

• Decision Date: 23 April 1914
• Docket Number: 308.
• Citation: 81 S.E. 867,141 Ga. 618
• Parties: LYLE v. PHILLIPS.
• Court: Georgia Supreme Court

81 S.E. 867

141 Ga. 618

LYLE v. PHILLIPS.

No. 308.

Supreme Court of Georgia

April 23, 1914

Syllabus by the Court.

In a petition against the seller of certain land, to compel the specific performance of the contract of sale, wherein the property is described as "my property, consisting of 85 acres, more or less, in De Kalb county, being in Redan district, and more particularly described as follows Fronting the Rock Bridge road, with a five-room house thereon, now occupied by tenant by name of Wilson," the words "my property, consisting of," prima facie mean that the seller has a distinct tract of about 85 acres located at the place designated in the district named; and the description is sufficiently definite to admit parol evidence to fix its boundaries, and it is error for the court to sustain a general demurrer to the petition, based on the ground that it sets forth no cause of action, because the contract is too vague and indefinite to be specifically enforced.Harriss v. Howard,126 Ga. 325, 55 S.E 59.

Error from Superior Court, Rockdale County; L....