Faulkner v. Hood

539 S.E.2d 886, 246 Ga. App. 714, 2000 Fulton County D. Rep. 4046, 2000 Ga. App. LEXIS 1181
CourtCourt of Appeals of Georgia
DecidedSeptember 28, 2000
DocketA00A1089
StatusPublished
Cited by1 cases

This text of 539 S.E.2d 886 (Faulkner v. Hood) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faulkner v. Hood, 539 S.E.2d 886, 246 Ga. App. 714, 2000 Fulton County D. Rep. 4046, 2000 Ga. App. LEXIS 1181 (Ga. Ct. App. 2000).

Opinion

Ruffin, Judge.

Betty Jean Faulkner, her four siblings, and her mother allege that defendant John Buffington orally agreed to act as their agent to bid at a public auction on land owned by defendant Joseph Fields. According to the plaintiffs, Buffington’s daughter, defendant Beth Buffington Hood, purchased the property and wrongfully refused to convey it to them in accordance with the agreement. The trial court granted the defendants’ motion for summary judgment on the ground that the plaintiffs’ claims were barred by the statute of frauds. We affirm for a different reason — because the alleged agency agreement was too indefinite to be enforceable.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.”1 We review a grant of summary judgment de novo, considering the evidence, and all reasonable conclusions and inferences therefrom, in the light most favorable to the nonmovant.2 We will, accordingly, affirm a grant of summary judgment if it is right for any rea[715]*715son.3

So viewed, the record shows that Fields purchased approximately 63 acres of land from H. L. Butterworth in 1976. In exchange for the land, Fields executed a promissory note in favor of Butterworth, which was to be repaid in monthly installments over 32 years and which was secured by a deed to secure debt on the property. Butterworth died intestate in 1996, leaving a wife and five children — Faulkner, Mary McGonigle, Martha Jones, J. H. Butterworth, and W. L. Butterworth (collectively “the Butterworths”).

At the time of H. L. Butterworth’s death, Fields was delinquent in his payments on the promissory note. The surviving Butterworths wanted to obtain Fields’ property because it adjoined “the old homeplace” where the children grew up and their mother still lived. They consulted attorney Samuel Oliver, who recommended that the estate foreclose on the land, which he said would involve a public auction. The Butterworths agreed, and Oliver sent notice to Fields of the pending foreclosure and advertised the public sale in the local newspaper. According to the Butterworths, Oliver told them not to bid on the property at the sale and not to approach Fields directly to negotiate a solution.4

Before the sale, W. L. Butterworth went to discuss the pending foreclosure with Buffington, who, together with his daughter Hood, owned a farm bordering the Fields property. W. L. testified that he told Buffington that the Butterworth family wanted the property back. A few days later, W. L. went to see Buffington again, along with his brother, J. H. According to W. L.,

we talked to [Buffington] about just resuming whatever was owed on [the land], and we would take care with him or whatever it he — he said, well, he wasn’t interested in it no how because there was not enough land. And that’s when we told him we would like for him just to bid for us, and he said he would.

W. L. stated that he hoped Buffington would be able to buy the property by paying only what Fields owed on the note. However, he did not tell Buffington how much to bid and did not set any maximum price. W. L. also stated that Buffington never requested anything in return for bidding on behalf of the family. Finally, W. L. testified that [716]*716Buffington said he might let his daughter, Hood, do the bidding for him.

J. H. testified that he was not present when his brother asked Buffington to bid on the land for them, but that he understood that Buffington would buy it with his own money and then convey it to the Butterworth family. McGonigle, Jones, and Faulkner testified to the same understanding, apparently based on what W. L. told them. All of the siblings agreed that there was no agreement on how much Buffington would be allowed to bid or on what, if anything, to pay him for his services. The alleged agreement between the Butterworths and Buffington was not in writing.5

Hood testified that she learned of the pending foreclosure through her father and decided to purchase the land herself. On the day scheduled for the sale, she went to Oliver’s office, along with Fields, and wrote a check for approximately $44,000 to pay off Fields’ outstanding debt. Accordingly, the public sale did not occur.6 Later that day, W. L. and J. H. Butterworth met with Oliver, who told them that he had received a check for the amount owed on the property. The following week, at Oliver’s request, W. L. and J. H. signed a document transferring and assigning to Hood the promissory note and deed to secure debt on the property. Although they did not read it, W. L. and J. H. claimed they understood the document to be “a method devised by Defendant Buffington” for acquiring the property so that it could be transferred back to the Butterworths. Fields then executed a warranty deed to the property to Hood, who transferred approximately four acres of the land back to Fields and granted him the right to cut timber on the whole parcel.

Believing that Buffington and/or Hood would transfer the land to them, the Butterworths contacted Buffington multiple times after the sale. Each time, Buffington allegedly told them that “as soon as he got it surveyed and everything, he would turn it back over to us” in exchange for repayment of the $44,000. Eventually, according to the complaint, Buffington told the Butterworths that “anyone has a right to change their mind.”7

The Butterworths sued Buffington, Hood, and Fields for fraud [717]*717and breach of an alleged agency agreement. They alleged that “a contract existed between the Plaintiffs and Defendant Buffington to the effect that Defendant Buffington would take those steps necessary to acquire legal title to the subject property” and then transfer the deed to them, and they claimed that Hood acted as a subagent on behalf of Buffington. The defendants moved for summary judgment on the grounds that (1) the alleged agreement was required by the statute of frauds to be in writing, (2) the agreement was too vague and indefinite to be enforceable, and (3) the Butterworths suffered no damages. The trial court granted the motion on the first ground.

Pretermitting whether the alleged agreement was required to be in writing,8 we conclude that it was too indefinite. To be enforceable, “an agreement must be expressed plainly and explicitly enough to show what the parties agreed upon, and an agreement expressed in incomplete or incomprehensive terms cannot be enforced.”9 Assuming, as we must for the purpose of summary judgment, that the testimony of the Butterworths is correct, “[i]t has not been shown, with any reasonable certainty, what the parties were obligating themselves to do.”10

First, the parties never agreed upon how much Buffington would pay for the property. In fact, W. L. testified that he did not even discuss the matter with Buffington, except to say that he hoped Buffing-ton would be able to buy the land for the amount of the outstanding debt.

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Bluebook (online)
539 S.E.2d 886, 246 Ga. App. 714, 2000 Fulton County D. Rep. 4046, 2000 Ga. App. LEXIS 1181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-hood-gactapp-2000.