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Kay v. W. B. Anderson Feed & Poultry Co. Inc.

The parties agreement for the sale of one acre of property sufficiently described the portion of land the seller intended to convey.

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Rodney Kay sued W. B. Anderson Feed and Poultry Co., Inc. and W. B. Anderson collectively “W. B. Anderson”, alleging breach of an agreement for the sale of land.1 W. B. Anderson moved for summary judgment, arguing that the agreement was unenforceable since it did not contain “a clear and definite description of the land to be sold.” The trial court granted the motion, and this appeal ensued. We reverse. ” ‘Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.’ “ 2 On appeal from a trial court’s ruling on a motion for summary judgment, we conduct a de novo review and construe the evidence and all reasonable inferences therefrom in favor of the nonmoving party.3

Viewed in this manner, the record demonstrates that W. B. Anderson owns approximately 2.09 acres in Catoosa County that is bordered on one side by Mt. Pisgah Road and on the opposite side by property owned by Kay. In 2003, Kay contacted W. B. Anderson through a real estate broker to discuss purchasing a portion of the property, and W. B. Anderson agreed to sell one acre of land.

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