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Bendock v. Traton Corp. of Cobb

A jury question remained as to whether the plaintiffs breached their home construction agreement by refusing to close because the defendant did not properly regrade their lot after they advanced him $810 for the additional grading work.

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Scott and Tina Bendock appeal pro se from the trial court’s grant of summary judgment to Traton Corp. The Bendocks refused to close on the house Traton built for them and sued Traton for the return of their earnest money and other damages. Because we conclude there is an issue of fact as to whether Traton unjustifiably breached its contract with the Bendocks, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim. 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. Supchak v. Pruitt, 232 Ga. App. 680, 682 503 SE2d 581 1998.

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