Owner not party to contract.

- Court could not order specific performance of a transfer of property when the owner of the property was not a party to the contract. Rohrig Invs., LP v. Knuckle P'ship, LLLP (In re Rohrig Invs., LP), 584 Bankr. 382 (Bankr. N.D. Ga. 2018).

Cited in Pearson v. Courson, 129 Ga. 656, 59 S.E. 907 (1907); Smith v. Davis, 168 Ga. 511, 148 S.E. 265 (1929); Loewus v. Eskridge & Downing, Inc., 175 Ga. 456, 165 S.E. 576 (1932); Ledbetter v. Goodroe, 179 Ga. 69, 175 S.E. 250 (1934); Lee v. Lee, 191 Ga. 728, 13 S.E.2d 774 (1941); Higdon v. Dixon, 203 Ga. 67, 45 S.E.2d 423 (1947); Lively v. Lively, 206 Ga. 606, 58 S.E.2d 168 (1950); Whiteway Neon-Ad, Inc. v. Maddox, 211 Ga. 27, 83 S.E.2d 676 (1954); Lawton v. Byck, 217 Ga. 676, 124 S.E.2d 369 (1962); West v. Downer, 218 Ga. 235, 127 S.E.2d 359 (1962); Byck v. Lawton, 218 Ga. 858, 131 S.E.2d 176 (1963).

Right of vendee to partial performance and damages.

- Where a valid contract has been made to devise certain lands to another, and the person to whom the promise was made has fully performed his part of the contract, but the representative of the person making the promise is unable to perform the entire contract because his decedent did not own all of the property which he agreed to devise, and the other party to the contract is willing to accept that part of the same which the deceased actually owned, a court will require specific performance of the contract as to the part so owned and compensate the injured or disappointed party in damages for the other. Bowles v. White, 206 Ga. 433, 57 S.E.2d 547 (1950).

Where it is impossible for the vendor to convey all of the lands included in the contract of sale, a small portion having been conveyed to the highway department, and it being a contract which in good conscience ought to be performed, equity will decree performance and grant compensation for such land as cannot be conveyed, where the vendee has expressed a willingness to proceed according to the provisions of this section. Chatham Amusement Co. v. Perry, 216 Ga. 445, 117 S.E.2d 320 (1960).

Tender of purchase price.

- In an action filed by a trust and its trustee against a school board alleging the breach of a real estate contract, or in the alternative, specific performance of the contract at a reduced purchase price, summary judgment in favor of the school board was reversed on the breach of contract claim; however, summary judgment on the specific performance claim was affirmed, as the trust failed to tender the full purchase price, which was a prerequisite to a specific performance demand, the trust was not excused from doing so, and a tender would not have been futile. Peaches Land Trust v. Lumpkin County Sch. Bd., 286 Ga. App. 103, 648 S.E.2d 464 (2007).

In order to entitle one to recover damages in lieu of specific performance, complainant must prove his right to the latter remedy. Warren v. Camp, 232 Ga. 681, 208 S.E.2d 489 (1974).

Am. Jur. 2d.

- 71 Am. Jur. 2d, Specific Performance, §§ 68, 207.

C.J.S.

- 81 C.J.S., Specific Performance, § 106.

ALR.

- Right of party who has once refused to perform to have specific performance of contract, 2 A.L.R. 416.

Obligation of assignee to vendor to perform contract on assignment by purchaser of contract to sell real property, 59 A.L.R. 954.

Necessity of tender of performance by vendee as condition of specific performance where vendor's title is defective, 79 A.L.R. 1240.

Right of vendor to specific performance with abatement from purchase price where he is unable to perform as to part of property, 81 A.L.R. 900.

Sale by vendor of all or substantial part of property to a third person before time fixed for performance of contract of sale as breach, or ground of rescission by vendee, or as affecting rights to specific performance, 90 A.L.R. 337.

Provision in land contract for pecuniary forfeiture or penalty by party in default as affecting the right of the other party to specific performance, 98 A.L.R. 887.

Doctrine of part performance in suits for specific performance of parol contract to convey real property, 101 A.L.R. 923.

Option to purchase at price offered to optionor by third person, 136 A.L.R. 138.

Remedy of specific performance as available to vendee's assignee, 138 A.L.R. 205.

Right of vendee to enforce specific performance where his vendor holds equitable title under executory contract or deed in escrow executed by owner of legal title, 141 A.L.R. 1432.

Purchaser's right to specific performance as to part only of property contracted for where title fails as to rest, 148 A.L.R. 563.

Specific performance of land contract where vendor will be compelled to acquire, or incur expense in clearing, title, 171 A.L.R. 1299.

Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor's duty to satisfy, 173 A.L.R. 1309.

Specific performance: compensation or damages awarded purchaser for delay in conveyance of land, 7 A.L.R.2d 1204.

Specific performance of land contract notwithstanding failure of vendee to make required payments on time, 55 A.L.R.3d 10.

Special or consequential damages recoverable, on account of delay in delivering possession, by purchaser of real property awarded specific performance, 11 A.L.R.4th 891.