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Harrison v. Williams

Issues of fact remained with regard to the buyer's tender of the purchase price for certain real property.

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Michael Harrison appeals from the trial court’s grant of summary judgment to Robert Nelson Williams in Harrison’s suit for specific performance of a contract for the sale of a residence. To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. “Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant.” Footnote omitted. Smith v. Bulloch County Bd. of Commrs. , 261 Ga. App. 667 583 SE2d 475 2003.

It is undisputed that, on January 24, 2003, Harrison, a real estate broker, and Williams entered into a written contract providing for the sale by Williams of residential property in Augusta to Harrison for $78,000, and Harrison paid Williams $500 earnest money. The contract provided that the sale was to close on or before February 28, 2003. Prior to closing, Williams became aware of some outstanding consumer debts which had resulted in liens being placed on the property. Williams believed that these debts had been extinguished by a prior bankruptcy. On February26, 2003, Harrison and Williams entered a written extension of the closing date until March 6, 2003.

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