Spearman v. Flanders

Court of Appeals of Georgia

Spearman v. Flanders

240 S.E.2d 141, 143 Ga. App. 759, 1977 Ga. App. LEXIS 2489

CourtCourt of Appeals of Georgia

DecidedOctober 13, 1977

Docket54254

StatusPublished

Cited by6 cases

This text of 240 S.E.2d 141 (Spearman v. Flanders) 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

Spearman v. Flanders, 240 S.E.2d 141, 143 Ga. App. 759, 1977 Ga. App. LEXIS 2489 (Ga. Ct. App. 1977).

Pincite

Opinion

Bell, Chief Judge.

This is a breach of contract suit in which plaintiff obtained a judgment based on a jury verdict for $2,500, plus $400 attorney fees.

The parties entered into contracts for the sale and renovation of real property for about $16,000 for use as a cafe on February 12,1976, with no closing date specified. Plaintiff made a $2,500 down payment at the time the contracts were executed. By August 1976, the renovation work had not been completed despite numerous remonstrations by the plaintiff to complete the work. It was also shown that there were 9 recorded judgment liens against the property totaling about $10,000, in addition to a $10,000 deed to secure debt. Plaintiff was ready and willing to close the sale on August 13,1976 if she could get clear title, but defendants never contacted her. A demand for return of the $2,500 payment was refused. Held:

1. The foregoing evidence authorized the jury to return a verdict for plaintiff. It was also sufficient to show that defendants acted in bad faith in the transaction as it shows a lack of intention by defendants to perform their obligation under the contracts. Thus an award of attorney fees was also authorized. Code § 20-1404.

2. The claimed error in the charge to the jury has no merit.

Judgment affirmed.

McMurray and Smith, JJ., concur. *760 Jack W. Carter, Edward Parrish, for appellants. Griffis & Thomas, Tom W. Thomas, for appellee.

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Bell, Chief Judge.

This is a breach of contract suit in which plaintiff obtained a judgment based on a jury verdict for $2,500, plus $400 attorney fees.

The parties entered into contracts for the sale and renovation of real property for about $16,000 for use as a cafe on February 12,1976, with no closing date specified. Plaintiff made a $2,500 down payment at the time the contracts were executed. By August 1976, the renovation work had not been completed despite numerous remonstrations by the plaintiff to complete the work. It was also shown that there were 9 recorded judgment liens against the property totaling about $10,000, in addition to a $10,000 deed to secure debt. Plaintiff was ready and willing to close the sale on August 13,1976 if she could get clear title, but defendants never contacted her. A demand for return of the $2,500 payment was refused. Held:

1. The foregoing evidence authorized the jury to return a verdict for plaintiff. It was also sufficient to show that defendants acted in bad faith in the transaction as it shows a lack of intention by defendants to perform their obligation under the contracts. Thus an award of attorney fees was also authorized. Code § 20-1404.

2. The claimed error in the charge to the jury has no merit.

Judgment affirmed.

McMurray and Smith, JJ., concur. *760 Jack W. Carter, Edward Parrish, for appellants. Griffis & Thomas, Tom W. Thomas, for appellee.

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Bluebook (online)

240 S.E.2d 141, 143 Ga. App. 759, 1977 Ga. App. LEXIS 2489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spearman-v-flanders-gactapp-1977.

Opinion

2. The claimed error in the charge to the jury has no merit.

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