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Yargus v. Smith

A real estate purchase contract allowed the buyers to unilaterally extend the closing date to allow for the repair of defects uncovered by a home inspection.

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Following a bench trial, John W. Yargus, defendant to this equitable action for specific performance, appeals from an adverse judgment by the superior court, finding that this was an appropriate case for specific performance and that the plaintiffs, Rebekah J. and Eugene F. Smith, were entitled to have title to the house at 3435 Canadian Way, Tucker, DeKalb County, Georgia conveyed to them pursuant to the real estate sales contract. The issue underlying the equity action is one of contract construction; therefore, it is proper for this Court to resolve this case based upon contract construction. See Lee v. Green Land Co., 272 Ga. 107 527 SE2d 204 2000.

The defendant contended that the closing was not held at the time provided under the terms of the contract and that the contract expired by the failure to close on such date. The plaintiffs contended that they unilaterally extended the time to close under the contract terms so that the defendant’s repair of the defects would be completed prior to closing as provided under the contract and so that the loan documents could be completely processed. Finding that there was no legal error or abuse of discretion, we affirm.

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