X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this action arising from the sale of commercial real estate, plaintiffs Bickerstaff Real Estate Management, LLC and Bickerstaff Imports, Inc. collectively “Bickerstaff” sued defendants Earl Hanners, Jr., Michael Johnson, and Southern Eagle Partners I, LLC collectively “defendants”, alleging breach of contract on the part of Hanners and fraud on the part of all defendants. Defendants successfully moved for summary judgment as to all claims, and Bickerstaff now appeals, arguing that the trial court erred in finding that the doctrine of merger by deed barred its breach of contract claim and that its failure to show justifiable reliance barred its fraud claim. For the reasons set forth below, we affirm. 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. OCGA § 9-11-56 c; Britt v. Kelly & Picerne, Inc. 1 “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Donchi, Inc. v. Robdol, LLC. 2

So construed, the evidence shows that in 1996, Johnson’s commercial real estate company, Southern Eagle, sold a 1.59 acre parcel of property in Clayton County to Hanners. Following the sale, Southern Eagle continued managing the property site on behalf of Hanners, who intended to develop and sell it for commercial use. To facilitate development, Southern Eagle had the property graded and leveled by bringing in fill dirt from a nearby construction site. While supervising the leveling of the property, Johnson was also acting as Hanners’s agent in trying to sell it. At some point in time, Johnson contacted Bickerstaff to inquire if it was interested in purchasing the property from Hanners.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a full-time regular Judicial Secretary I, Judic...


Apply Now ›

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...


Apply Now ›

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›