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Call Now: 904-383-7448If, 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.
(Orig. Code 1863, § 3124; Code 1868, § 3136; Code 1873, § 3192; Code 1882, § 3192; Civil Code 1895, § 4042; Civil Code 1910, § 4639; Code 1933, § 37-807.)
Award of specific performance does not, as a matter of law, bar recovering attorney fees or punitive damages. Clayton v. Deverell, 257 Ga. 653, 362 S.E.2d 364 (1987).
Cited in Woodall v. Williams, 176 Ga. 343, 167 S.E. 886 (1933); Deich v. Reeves, 203 Ga. 596, 48 S.E.2d 373 (1948); Bowles v. White, 206 Ga. 433, 57 S.E.2d 547 (1950); Douglas v. Langford, 206 Ga. 864, 59 S.E.2d 386 (1950); Harris v. Underwood, 208 Ga. 247, 66 S.E.2d 332 (1951); Holsomback v. Caldwell, 218 Ga. 393, 128 S.E.2d 47 (1962); Horner v. Savannah Valley Enters., Inc., 234 Ga. 371, 216 S.E.2d 113 (1975); Kirkley v. Jones, 250 Ga. App. 113, 550 S.E.2d 686 (2001).
- If, on the trial of an action for specific performance, it should be developed that without fault of the plaintiff but on account of the defendant himself a specific performance of the contract is impossible, the court may proceed to assess damages for a breach of the contract. An amendment praying for such damages would not in contemplation of law make a new cause of action, for this section expressly authorizes the granting of such relief, even when not contemplated by the original suit. Armor v. Stubbs, 150 Ga. 520, 104 S.E. 500 (1920); Lewis v. Warren, 51 Ga. App. 135, 179 S.E. 918 (1935).
In order to entitle one to recover damages in lieu of specific performance, complainant must prove his right to the latter remedy. Prater v. Sears, 77 Ga. 28 (1886); Loewus v. Eskridge & Downing, Inc., 175 Ga. 456, 165 S.E. 576 (1932).
- 71 Am. Jur. 2d, Specific Performance, §§ 69-71.
- 81 C.J.S., Specific Performance, § 106.
- Dismissal of suit as affecting election of remedies as between damages and specific performance, 26 A.L.R. 111.
Doctrine of part performance in suits for specific performance of parol contract to convey real property, 101 A.L.R. 923.
Right of one seeking specific performance to recover as damages an amount measured by depreciation in value of property itself, or in its market price or value, subsequent to defendant's default, 105 A.L.R. 1421.
Specific performance: compensation or damages awarded purchaser for delay in conveyance of land, 7 A.L.R.2d 1204.
Awarding damages for delay, in addition to specific performance, of contract for sale of corporate stock, 28 A.L.R.3d 1401.
Decree allowing or denying specific performance of contract as precluding, as a matter of res judicata, subsequent action for money damages for breach, 38 A.L.R.3d 323.
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.
No results found for Georgia Code 23-2-135.