Kennedy v. The Droughton Trust

Where a contract for the sale of property does not contain a specific time for performance, the contract will be construed as requiring performance within a reasonable time.

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Mark Kennedy sued the Droughton Trust and David Droughton, trustee for the Droughton Trust collectively “the Trust”, to compel them to specifically perform a contract for the sale of land owned by the Trust. The trial court granted the Trust’s motion for summary judgment and Kennedy appeals. For the reasons set forth below, we reverse. Summary judgment is proper where the movant demonstrates that “there is no genuine issue of material fact and that the undisputed facts, viewed in a light most favorable to the nonmovant, warrant judgment as a matter of law.” Citation omitted. SunTrust Bank v. Merritt , 272 Ga. App. 485, 486 612 SE2d 818 2005. This Court reviews the trial court’s ruling on the motion for summary judgment de novo. Id.

Viewed in the light most favorable to Kennedy, the evidence shows that on November 10, 2003, Kennedy offered to purchase a vacant lot from the Trust for $64,500 cash using the 2002 Georgia Association of REALTORS form for the purchase of land. The form contract contained the following language with regard to the closing date: This transaction shall be closed on December 10, 2003, or on such other date as may be agreed to by the parties in writing , provided, however, that: 1 the loan described herein is unable to be closed on or before said date; or 2 Seller fails to satisfy valid title objections, Buyer or Seller may by notice to the other party which notice must be received on or before the closing date extend this Agreement’s closing date . . . up to seven days from the above-stated closing date. Emphasis supplied. Kennedy left the portion of the contract allowing him to place a time limit for acceptance of his offer blank.

Kennedy v. The Droughton Trust

Where a contract for the sale of property does not contain a specific time for performance, the contract will be construed as requiring performance within a reasonable time.

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