Sandra Langford appeals from the judgment entered on a jury verdict awarding Virginia Robinson approximately $27,000 in quantum meruit for improvements made to the home once owned by Langford’s father, Darnice Malloway. Langford raises two issues in three enumerations of error. She maintains that the trial court erred in failing to grant her motions for directed verdict and judgment n.o.v. as to quantum meruit and that the trial court erred in refusing to give her requested charge on quantum meruit. We agree with Langford that the trial court erred in denying her motions, and we reverse the judgment. The evidence presented at trial showed that before Malloway died, Langford prepared and had her father sign a will leaving his entire estate to her. Malloway also signed a quitclaim deed Langford had prepared, which transferred the house to Langford. Langford witnessed both documents. She admitted that she prepared and had her father execute both documents because of an ongoing feud with her sister, Malloway’s other daughter Teresa Kennedy. Langford did not record the deed, nor did she probate the will after her father died. When Kennedy filed a petition to be appointed administrator of the estate, Langford opposed the petition and sought appointment herself. Ultimately, the county administrator was appointed.
Before the administrator was appointed, however, the feud between the sisters escalated. During that time the house stood vacant1 , and Langford had concerns about being able to procure insurance and pay the taxes. Robinson, an acquaintance of Langford, proposed that Langford sell the house to her. Robinson was aware that the Malloway estate was not yet settled and was aware of the feud between the sisters concerning the house. She was well aware that Kennedy had threatened the previous tenant and had witnessed a portion of the bitter litigation between Kennedy and that tenant. Langford represented to Robinson, however, that she had a deed to the house and that she would be able eventually to sell it to Robinson. Robinson gave Langford a written offer to purchase, and Langford forwarded it to her attorney, with instructions to forward it to Kennedy’s attorney for approval. That approval never came.
