JUDICIAL DECISIONS

As a general rule, remedy of decree for specific performance relates only to real estate, and is not applicable to personalty, so the cardinal rules which apply to the remedy of specific performance are applied with greater strictness where personalty is concerned than where realty is involved. Gabrell v. Byers, 178 Ga. 16, 172 S.E. 227 (1933).

But there are exceptions to this rule, and insolvency alone may supply basis for an exception. Reid v. McRae, 190 Ga. 323, 9 S.E.2d 176 (1940).

Where in a settlement between a landlord and a tenant the landlord credited the tenant with a sum for which the tenant agreed that he would turn over to the landlord a check for parity on cotton which he was to receive from the federal government, and where on receipt of the check he failed and refused to endorse and deliver it to the landlord, the tenant being insolvent, the landlord could maintain an action for specific performance to require the tenant to endorse and deliver the check in accordance with the agreement, the petition stating a cause of action for specific performance, injunction, and receivership. Reid v. McRae, 190 Ga. 323, 9 S.E.2d 176 (1940).

In order to sustain a petition for the specific performance of a contract relating to personal property, it is necessary to allege some good reason in equity and good conscience to take the case out of the general rule. Gabrell v. Byers, 178 Ga. 16, 172 S.E. 227 (1933).

RESEARCH REFERENCES