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Reny v. Sneed

The defendant waived the contract's expiration date when he noted in writing that he accepted the offer two days after the expiration date.

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In the wake of the collapse of an agreement to purchase real property, the erstwhile purchasers, Charles and Mary Reny, sued Charles Gardner, the erstwhile seller, for specific performance. The Renys also sued Gardner’s representative, Lucian Lamar Sneed, for tortious interference with contract. The trial court granted Sneed’s motion for summary judgment on the ground that the Renys and Gardner had failed to form a contract, and the Renys appeal. We find that a genuine issue remains concerning whether a contract was formed, and we therefore reverse. “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.” Matjoulis v. Integon Gen. Ins. Corp ., 226 Ga. App. 459 1 486 SE2d 684 1997. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant. Id.

Construed in favor of the Renys, the record shows that in early January 2006, Gardner delivered an unsigned purchase-and-sale agreement concerning a parcel of real property in Cumming to Mary Reny. The agreement set a price of $135,000. A provision on the agreement’s last page stated that “the terms of this Agreement shall constitute an offer “Offer” which shall be open for acceptance until 5 o’clock p. m. on the 5th day of January, 2006.” Although the agreement also contained a provision stating that the Renys had paid “earnest money of $1000.00 check . . . which has been received by Gardner,” the earnest money had not yet been delivered.

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