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Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 7. NONPERFORMANCE OF CONTRACT

23-2-131. When specific performance of parol contract for land decreed; sufficient part performance.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The specific performance of a parol contract as to land shall be decreed if the defendant admits the contract or if the contract has been so far executed by the party seeking relief and at the instance or by the inducements of the other party that if the contract were abandoned he could not be restored to his former position.#

  2. (b)

    Full payment alone accepted by the vendor, or partial payment accompanied with possession, or possession alone with valuable improvements, if clearly proved in each case to have been done with reference to the parol contract, shall be sufficient part performance to justify a decree.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3119; Code 1868, § 3131; Code 1873, § 3187; Code 1882, § 3187; Civil Code 1895, § 4037; Civil Code 1910, § 4634; Code 1933, § 37-802.

Cross references

Form of complaint for specific performance of written contract to convey land, § 9-11-112.

Law reviews

For survey article on real property, see 34 Mercer L. Rev. 255 (1982).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 449; merge action: carried; file SHA-256 b3cf4ff62f2f.