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4 chapters · 143 sections in this title.
O.C.G.A. § 23-2-132 When voluntary agreement enforced
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Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will d…
O.C.G.A. § 23-2-133 Inadequacy of price; unfair or unjust contracts
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Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing the contract to be unfair, unjust, or against good conscience. History. — Orig. Code 1863, § 3122; Code 1868, § 31…
O.C.G.A. § 23-2-134 Vendor’s ability to comply
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The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor’s want of title or other inability as to part of the property shall not be a good answer to the vendee seeking perfor…
O.C.G.A. § 23-2-135 Damages when specific performance impossible
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If, for any cause, specific performance is impossible or if the vendee declines to accept a performance in part, the court may proceed to assess damages for the breach of the contract. History. — Orig. Code 1863, § 3124; Code 1868, § 3136; Code 1873, § 3192; Code 1882, § 3192; Civ…