(DOWNLOAD) "Morgan v. Mitchell" by Supreme Court of Georgia * eBook PDF Kindle ePub Free
eBook details
- Title: Morgan v. Mitchell
- Author : Supreme Court of Georgia
- Release Date : January 02, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Howard Mitchell filed an action against Mrs. Addie B. Morgan, as administratrix of the estate of J. C. Morgan, for the specific performance of an alleged parol contract between the plaintiff and J. C. Morgan, deceased. In substance the petition, as amended, alleged: J. C. Morgan died on June 24, 1948, and the defendant was appointed permanent administratrix of his estate on September 6, 1948. On October 27, 1943, the deceased sold described property to the plaintiff for and in consideration of the sum of $4800, payable at the rate of $1000 per year, the first payment to be due on October 27, 1944, and the last payment of $800 to be due on October 27, 1948; and, as a part of the consideration of the purchase of the property, the deceased ""was to paint the house located on said property if such house needed painting before five years expired from the date said property was sold to plaintiff."" Possession of the property was delivered to the plaintiff at the time of the sale. At the time of the sale the property had a value not in excess of the sale price of $4800. The plaintiff complied with his contract of purchase, making payments in accordance with the contract, and at the time of Morgan's death he had paid the full purchase price with the exception of possibly $25. After taking possession of the property, the plaintiff built two sheds to the garage, installed an electric pump, fenced the entire tract, and put in several cross fences, fertilized and cultivated the land by growing corn, cane, and garden products thereon, twice painted the house on the inside, repaired the lights, and installed a bathtub in the bathroom and a sink in the kitchen. A few days prior to the death of the deceased, the plaintiff tendered to him the remainder of the purchase price, and requested that deed be executed to the plaintiff by the deceased, who stated that he did not feel physically able to leave his house at that time for the purpose of having the deed prepared, and requested the plaintiff to wait a few days, at which time he would accept final payment and execute the deed. Before this could be done, J. C. Morgan died. The tender was made on or about April 15, 1948, in the amount of $100, which was a balance then due on the purchase price of the property. After the death of J. C. Morgan, the plaintiff requested the defendant, who was his sole heir, to execute a deed to the property, and tendered to her, on or about July 10, 1948, the balance of the purchase price then due, in the sum of $25. She refused to accept the balance of the purchase price and refused to execute a deed to the property. The plaintiff has received a letter from an attorney for the defendant, as administratrix, demanding rent on the property and possession by October 23, 1948. The plaintiff has complied with all of the terms of the agreement entered into between the plaintiff and the deceased on October 27, 1943, and the defendant should be required to execute a deed to the plaintiff to the property described. Unless restrained, the defendant will institute dispossessory proceedings against the plaintiff, having already employed an attorney to take such action. The prayers were for process, that the defendant be required to execute a deed to the plaintiff conveying title to the property described, and that she be restrained and enjoined from interfering with the possession of the property by the plaintiff.
 "Morgan v. Mitchell" by Supreme Court of Georgia * eBook PDF Kindle ePub Free){kind=link}