Plaintiff-appellee Plumbing Distributors, Inc. “PDI” filed its complaint against defendant-appellant Dewey White seeking a declaratory judgment that a standard sales agreement “Agreement” by which it was to purchase a graded but undeveloped tract of land containing approximately nine acres the “Property” or “Site No. 1″ from White was unenforceable as void on its face for lack of a sufficient description of the property, the return of earnest money in the amount of $25,000 plus interest paid thereon, damages for failure of title and negligent misrepresentation, and attorney fees under OCGA § 13-6-11. White timely answered denying the material allegations of the complaint and counterclaimed seeking a declaration that the contract in issue was enforceable. White likewise sought OCGA § 13-6-11 attorney fees. The Forsyth County Superior Court granted partial summary judgment to PDI finding that the Agreement, as amended and supported by exhibit, was void and unenforceable as alleged. Further, the superior court ordered the Trinity Title Insurance Company to pay to PDI its earnest money with interest1 and awarded PDI its attorney fees and costs of litigation in the amount of $12,730, the latter determined upon proof submitted at a subsequent hearing. Before this Court, White challenges the grant of partial summary judgment and the award of OCGA § 13-6-11 attorney fees, arguing that PDI failed to meet its burden of proof by showing the absence of any genuine issue of material fact as to the agreement as void and unenforceable for an insufficient description of the Property. White further argues, apparently in the alternative, that the superior court erred in finding him in breach of the Agreement in that, lacking title to the Property, he could not perform thereunder. We disagree and affirm.
The record shows that the Property was a small part of a 284 acre tract of land owned by White, known as the Jefferson Property for which White had obtained a boundary survey. White later had prepared a master plan for the development of his Jefferson Property. While the master plan indicated on its face that it was prepared on the basis of boundary information from the survey of the Jefferson Property, it omitted all metes and bounds data from the same. Instead, the physical features of the Jefferson Property were depicted topographically, and, in the manner of an overlay, an access parkway and numbered building locations, shown as Site Nos. 1-19, were proposed by sketches drawn thereon, the building locations in heavy black lines.
