Opinion
21992.
SUBMITTED MARCH 12, 1963.
DECIDED MARCH 25, 1963.
Specific performance. Gwinnett Superior Court. Before Judge Pittard.
Webb Fowler, for plaintiff in error.
R. F. Duncan, contra.
It has been repeatedly held that a petition for specific performance of a contract must allege the value of the property so as to enable the court to determine that the contract was fair, just and not against good conscience. Code § 37-805; Shropshire v. Rainey, 150 Ga. 566 ( 104 S.E. 414); Coleman v. Woodland Hills Co., 196 Ga. 626 ( 27 S.E.2d 226); Ogletree v. Ingram LeGrand Lbr. Co., 207 Ga. 333 ( 61 S.E.2d 480); Harris v. Abney, 208 Ga. 518 ( 67 S.E.2d 724); Payne v. Jones, 211 Ga. 322, 327 ( 86 S.E.2d 3). The petition having failed to make such allegations, no cause of action for specific performance of the contract is alleged, and the lower court did not err in sustaining the general demurrer and dismissing the petition.
Judgment affirmed. All the Justices concur.