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Barrett v. Britt

A question of fact remained as to whether certain items, which the defendants removed from the plaintiffs' property upon the termination of a leasehold, constituted equipment having to do with the defendants' cattle operation.

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Jimmy and Marilyn Barrett appeal the trial court’s order granting partial summary judgment to Melanie Willis Britt and William Stacey Britt on the Barretts’ claims for breach of contract, waste and conversion in connection with their purchase of real property formerly owned by the Britts. The Barretts’ complaint asserted that the Britts improperly removed certain property, equipment and/or fixtures from the property at issue. Because we find that material issues of fact remain on the Barretts’ claims, we reverse the trial court’s grant of partial summary judgment to the Britts.

“In our de novo review of the grant of a motion for summary judgment, we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.” Citation and punctuation omitted. Cowart v. Widener, 287 Ga. 622, 623 1 a 697 SE2d 779 2010. So viewed, the record reflects that on July 25, 2006, the Britts, pursuant to a Purchase and Sale Agreement hereinafter the “Britt Agreement”, sold certain Jackson County real property, with improvements thereon, to their co-defendant Roger Allen Hughes “Hughes”. The Britt Agreement contained a stipulation providing that “all Equipment having to do with the cattle operation still belongs to the seller” but did not identify or define such equipment. One year later, on July 26, 2006, the Britts and Hughes executed “Amendment #1″ to the Britt Agreement, which provided that

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