One may, however, contract to sell property not owned by himself, taking his chances on obtaining title prior to the date of consummation of the sale or responding in damages if he fails to do so. "`Whether or not the seller could have delivered good title on the closing date is not a question which addresses itself to the validity of the contract.' Goldgar v. North Fulton Realty Co., 106 Ga. App. 459, 460 ( 127 S.E.2d 189); Roberts v. J. L. Todd Auction Co., 120 Ga. App. 444, 445 ( 170 S.E.2d 862)." Williams v. Bell, 126 Ga. App. 432, 434 ( 190 S.E.2d 818) (1972).
His inability to convey a good title to the whole of the fee because his wife owned a one-half undivided interest which she would not convey does not affect the validity of his contract to convey a good and merchantable title to the whole fee or relieve him from liability for damages for his failure to do so. Goldgar v. North Fulton Realty Co., 106 Ga. App. 459 ( 127 S.E.2d 189); Roberts v. J. L. Todd Auction Co., 120 Ga. App. 444 ( 170 S.E.2d 862); Higgins v. Kenney, 159 Ga. 736 ( 126 S.E. 827); Barnett v. Adams, 164 Ga. 18 ( 137 S.E. 554). This is true even though specific performance would lie only as to the one-half undivided interest vested in the seller.