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Vidalia Outdoor Products Inc. v. Higgins

Questions of fact remained as to whether the appellant materially breached the parties' contract.

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Vidalia Outdoor Products, Inc. “Vidalia Outdoor” appeals from the trial court’s grant of summary judgment to Scott Higgins on his claim for rescission of a contract. For the reasons set forth below, we reverse. The record reveals without dispute that on May 14, 2004, Vidalia Outdoor agreed “to sell Scott Higgins one 1 percent of Vidalia Outdoor for $29,000.” The written agreement was signed by Higgins and Tim Montgomery, as president of Vidalia Outdoor. In his affidavit, Higgins contends that “Montgomery represented” that Higgins “would receive a stock certificate in exchange for his investment in VOP.” Higgins asserts that Montgomery also represented that should Higgins “become dissatisfied for any reason with his investment in VOP, that Montgomery would buy back the VOP stock.”

In his affidavit, Montgomery contends that the contract is “the entire agreement between the parties and fully states the agreement of the parties.” The written contract makes no mention of stock certificates or a buy-back agreement.

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