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LEE v. GREEN

21607.

217 Ga. 860 (1962)

126 S.E.2d 417

LEE et al. v. GREEN, Administratrix.

Supreme Court of Georgia.

Decided May 14, 1962.

Attorney(s) appearing for the Case

Cassandra E. Maxwell, Marvin O'Neal, Jr., for plaintiffs in error.

Jas. L. Moore, contra.

QUILLIAN, Justice.

1. In order for a court of equity to decree specific performance of a contract, the petition seeking the relief must show the contract is valid. Pair v. Pair, 147 Ga. 754, 757 (95 SE 295); Crum v. Fendig, 157 Ga. 528, 530 (121 SE 825); Scott v. Scott, 169 Ga. 290, 293 (150 SE 154). The statutory requisites of a valid contract are "there must be parties able to contract, a consideration moving to the contract, the assent of the...

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