Han v. Han

An alleged promissory note memorializing the defendants' intent to pay an additional $300K for the property the plaintiff sold them was unenforceable under the Statute of Frauds, since the note did not refer to the property in question and it was not signed by both defendants.

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Esther Han appeals from the trial court’s grant of summary judgment to Ki Hong Han, Sook Im Han and CLH Investment Company, LLC, and the denial of her motion for partial summary judgment in this action on a contract for the purchase of real property. For the following reasons, 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. We review the grant or denial of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citations and punctuation omitted. White v. Ga. Power Co. , 265 Ga. App. 664, 664-665 595 SE2d 353 2004.

So viewed, the record shows the following undisputed facts. In July 2005, the appellant, Esther Han, sold a piece of developed property to the appellees, Ki Hong and Sook Im Han.1 The sales agreement identified the property and showed a selling price of $375,000, to be paid in cash at closing. The agreement also contained an “entire agreement” clause and stated that “no modification of this Agreement shall be binding unless signed by all parties to this Agreement. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto.” The appellant transferred the property to the appellees by quit-claim deed on July 3, 2005.

Han v. Han

An alleged promissory note memorializing the defendants' intent to pay an additional $300K for the property the plaintiff sold them was unenforceable under the Statute of Frauds, since the note did not refer to the property in question and it was not signed by both defendants.

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