Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will decree the performance of the agreement.
History. Orig. Code 1863, § 3121; Code 1868, § 3133; Code 1873, § 3189; Code 1882, § 3189; Civil Code 1895, § 4039; Civil Code 1910, § 4636; Code 1933, § 37-804.
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 7 - Nonperformance of Contract
§ 23-2-130. When Specific Performance Decreed Generally
§ 23-2-132. When Voluntary Agreement Enforced
§ 23-2-133. Inadequacy of Price; Unfair or Unjust Contracts
§ 23-2-134. Vendor’s Ability to Comply