Estes v. Winn

Supreme Court of Georgia

Decided May 12, 1911

Supreme Court of Georgia · decided 1911-05-12

<p>Petition for specific performance. Before Judge Pendleton. Fulton superior court. June 7, 1910.</p>

Relies on Luttrell v. Whitehead · Tippins v. Phillips · McSwain v. Ricketson

Good law ✅— No negative treatment on recordhow we know

Decided 1911-05-12

How this case has been cited

Cited by 23 later decisions — most recently September 1972

23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Evans, P. J.

¶11. Specific performance of a contract for the sale of land will not be decreed unless the land which is the subject-matter of the alleged sale is clearly identified in the contract. Higginbotham v. Cooper, 116 Ga. 741 (42 S. E. 1000); Tippins v. Phillips, 123 Ga. 415 (51 S. E. 410).

¶22. Where the land is described in -the contract as being “in DeKalb county, being part of land lot #150 and lot 159, containing 160 acres, more or less,” such description is too vague and indefinite to locate the land. Luttrell v. Whitehead, 121 Ga. 699 (49 S. E. 691); McSwain v. Ricketson, 129 Ga. 176 (58 S. E. 655); Tippins v. Phillips, 123 Ga. 415 (51 S. E. 410). Judgment affirmed.

All the Justices concur.