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JENKINS v. EVANS

Supreme Court of Georgia1947-07-10No. No. 15887
202 Ga. 423

Summary

Holding. The court affirmed the dismissal, holding that the petition failed to state a cause of action for specific performance because it did not allege the contract terms with clarity, did not specify the date of the contract, and failed to set forth the values of the land and services necessary to demonstrate that specific performance would be just and equitable.

The plaintiff sought specific performance of an oral contract for the sale of land in equity court, alleging that she had paid the full purchase price. The court examined whether the petition stated a valid cause of action for specific performance and found it deficient in critical respects. Most significantly, the petition failed to allege the precise terms and date of the alleged contract, did not specify the value of the land or services involved, and contained no averments demonstrating that the contract was fair, just, or enforceable in good conscience.

The court emphasized that specific performance is an equitable remedy that courts grant only when strictly equitable and just—it is not an absolute right that either party can demand. Because the petition lacked necessary details about contract terms and the values at stake, the court could not determine whether enforcement would be fair or conscience-driven. The lower court properly sustained the demurrer and dismissed the action.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of pleading to state a cause of action for specific performance of an oral land contract
  • Whether specific performance requires allegations that a contract is fair and just
  • Requirement that contract terms be clear, distinct, and definite for specific performance

Procedural posture

The lower court sustained a general demurrer and dismissed the plaintiff's amended petition seeking specific performance of an oral contract for land sale, and the plaintiff appealed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Candler, Justice.

(After stating the foregoing facts.) The forum in which the plaintiff elected to test the righteousness of her complaint was one exercising equitable jurisdiction. Her prayer was for specific performance of a parol contract respecting land— a purely equitable remedy. She chose to invite the court to pass upon her equitable, rather than upon her strictly legal, rights.in the premises. In the brief for the plaintiff in error it is urged that the allegations of the amended petition are sufficient to state a cause of action for the specific performance of an oral contract for the sale of land, where the full purchase-price had been paid to and accepted by the vendor. Cited in support of this position are: Code, § 37-802; Murphy v. Davis, 122 Ga. 306 (50 S. E. 99); Coffey v. Cobb, 140 Ga. 661 (79 S. E. 568); Gordon v. Spellman, 145 Ga. 682 (89 S. E. 749, Ann. Cas. 1918A, 852); Ellis v. Reagan, 172 Ga. 181 (157 S. E. 478); Whitehead v. Dillard, 178 Ga. 714 (174 S. E. 244). We have, of course, carefully examined the cited authorities, and upon application of the principle therein announced to the allegations of the case at bar, we are not prepared to say that the petition as amended stated a cause of action for the relief sought. Assuming, but not holding, that the allegations of the petition were sufficient to show a contract for bargain and sale of land, we think that the petition was defective for lack of necessary averments to show that the contract was fair or just, or that in good conscience it should he performed. Specific performance not being a remedy which either party to the contract can demand as a matter of absolute right, it will not in any given case be granted, unless strictly equitable and just. Kirkland v. Downing, 106 Ga. 530 (32 S. E. 632); Pair v. Pair, 147 Ga. 754, 757 (95 S. E. 295); Potts v. Mathis, 149 Ga. 367 (100 S. E. 110); Shropshire v. Rainey, 150 Ga. 566 (104 S. E. 414); Huggins v. Meriweather, 177 Ga. 461 (170 S. E. 483); Coleman v. Woodland Hills Co., 196 Ga. 626 (27 S. E. 2d, 226). “Mere inadequacy of price . . may justify a court in refusing to decree a specific performance; so also any other fact showing the contract to be unfair, or unjust, or against good conscience.” Code, § 37-805; Johns v. Nix, 196 Ga. 417 (3) (26 S. E. 2d, 526). The petition in the instant case did not give with precision the terms of the contract, or its date. In order to authorize specific performance of a contract, its terms must be clear, distinct, and definite. Studer v. Seyer, 69 Ga. 125; Shropshire v. Rainey, supra. The extent and value of the services rendered were not alleged, or the value of the lands involved. These values must be set forth in order to show that the contract which is sought to be enforced is one not unfair or unjust, or against good conscience. Potts v. Mathis, supra; Brogdon v. Hogan, 189 Ga. 244, 249 (5 S. E. 2d, 657). These defects were pointed ont by appropriate demurrers which were sustained. Applying to the record before us the principle repeatedly announced by this court in its former rulings, the petition seeking specific performance here did not state a cause of action for that relief, and accordingly it was not error to sustain the grounds of general demurrer and to dismiss the plaintiff’s action.

Judgment affirmed.

All the Justices concur.