Atlanta Six Flags Partnership v. Hughes, No. A89A0535
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | McMURRAY; CARLEY, C.J., and BEASLEY |
| Citation | 191 Ga.App. 404,381 S.E.2d 605 |
| Docket Number | No. A89A0535 |
| Decision Date | 27 April 1989 |
| Parties | ATLANTA SIX FLAGS PARTNERSHIP v. HUGHES. |
Page 605
v.
HUGHES.
Page 606
[191 Ga.App. 408] Swift, Currie, McGhee & Hiers, John P. MacNaughton, Atlanta, C.G. Jester, Jr., Rome, for appellant.
Mark W. Crouch, Atlanta, for appellee.
[191 Ga.App. 404] McMURRAY, Presiding Judge.
Plaintiff, as seller, and defendant, as purchaser, entered into a real estate sales contract for the sale and purchase of 3.1358 acres of land in Cobo County, Georgia. In pertinent part, the contract provides the following: "SECTION 1. PURCHASE AND SALE. Seller hereby sells and agrees to convey and Purchaser hereby purchases and agrees to pay for that certain real property located in Cobb County, Georgia ... SECTION 2. PURCHASE PRICE AND PAYMENTS.... The purchase price for the Property shall be ... $650,000.00 ... payable at the Closing ... in cash, including the Earnest Money Deposits. SECTION 3. EARNEST MONEY DEPOSIT. 3.1 Amount and Form of Deposit. As consideration for Seller's executing this Agreement, Purchaser has concurrently herewith delivered to Chicago Title Insurance Company ... cash in the amount of ... $30,000.00 ... which shall be considered as a portion of the purchase price. If the purchase and sale of the Property is not closed because of Seller's failure to timely perform its obligations or satisfy its conditions as set forth in this Agreement, the Earnest [191 Ga.App. 405] Money Deposit shall be refunded to Purchaser on demand. In all other respects, the Earnest Money Deposit shall be nonrefundable and may be retained by Seller as liquidated damages, except as may otherwise be specified herein. SECTION 4. CONDITIONS. 4.1 Feasibility Study. Purchaser's obligations hereunder are conditioned upon Purchaser's completion and approval of a feasibility study with respect to Purchaser's intended use of the Property.... This condition shall be deemed satisfied unless Purchaser gives Seller written notice of termination of this Agreement within FORTY FIVE (45) CALENDAR DAYS from the date of mutual acceptance of this agreement (hereinafter referred to as the "Termination Notice"). If the Termination Notice is received by Seller within said period, this Agreement shall be considered null and void, the Earnest Money Deposit shall be returned to Purchaser except for One Thousand and No/100 ($1,000.00) Dollars which Seller shall retain as consideration for having taken the property off the market pursuant to this Agreement and, except as provided ... neither party shall have any further rights or obligations hereunder.... 6.2 Title Company and Closing Date. The closing of this transaction (the "Closing") shall be held on May 15, 1987 at the office of the Title Company.... 9.3 Entire Agreement. Time is of the essence of the Agreement. This Agreement contains the entire understanding between the parties and supercedes any prior understandings and agreements between them respecting the subject matter hereof. There are no other representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto or any of them, relating to the subject matter of this Agreement. No amendment of or settlement to this Agreement shall be valid or effective unless made in writing and executed by the parties hereto.... 9.4 Mutual Acceptance. The date of mutual acceptance of this offer is agreed to be the date the Agreement is received by the Title Company."
The agreement was received by the Title Company on February 18, 1987. The earnest money did not accompany it. Subsequently, on March 26, 1987, the Title Company received the earnest money from defendant. It also received a letter from defendant which reads, in part: "Just after you received the Escrow account instruction letter, we encountered several problems
Page 607
of which we were not aware... We have since been working with Mrs. Mary McArthur, of the [plaintiff], to solve these problems and we believe them to now be resolved. According to the Purchase and Sale Agreement, and our attorney, we believe the effective date of this contract to be the date the Earnest Money deposit of $30,000.00 is received by your company and acknowledged by your signature... Therefore, we believe this date needs to be March 26, 1987. If you are in agreement with our attorney's opinion, please deposit the Earnest Money into your Escrow account. [191 Ga.App. 406] If not, please let the [plaintiff], and myself, know immediately."Because of the possible dispute between the parties concerning the effective date of the agreement, the Title Company placed the earnest...
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Caley v. Gulfstream Aerospace Corp., No. 04-14462.
...that mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags P'ship v. Hughes, 191 Ga.App. 404, 381 S.E.2d 605, 607 (1989) ("[T]he mutual promises and obligations of the parties constituted sufficient consideration for the contract."). Here,......
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Caley v. Gulfstream Aerospace Corp., No. CIV.A. 1:03-CV-3486-ODE.
...states that mutual promises and obligations are sufficient consideration to support a contract. Atlanta Six Flags Partnership v. Hughes, 191 Ga.App. 404, 381 S.E.2d 605, 607 (1989) ("[T]he mutual promises and obligations of the parties constituted sufficient consideration for the contract."......
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West v. Bowser, A21A0055
...law, mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags Partnership v. Hughes, 191 Ga.App. 404, 407 (1) (381 S.E.2d 605) (1989). See also Rushing v. Gold Kist, 256 Ga.App. 115, 119 (3) (567 S.E.2d 384) (2002). Here, the Arbitration Agre......
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Albertson v. Art Inst. of Atlanta, Corp., CIVIL ACTION NO. 1:16-cv-03922-WSD-RGV
...and obligations are sufficient consideration to support a contract." Caley, 428 F.3d at 1376 (citing Atlanta Six Flags P'ship v. Hughes, 381 S.E.2d 605, 607 (Ga. Ct. App. 1989)). Here, the agreement was supported by valid consideration because it was based on a mutual promise to submit clai......
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Caley v. Gulfstream Aerospace Corp., No. 04-14462.
...that mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags P'ship v. Hughes, 191 Ga.App. 404, 381 S.E.2d 605, 607 (1989) ("[T]he mutual promises and obligations of the parties constituted sufficient consideration for the contract."). Here,......
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West v. Bowser, A21A0055
...law, mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags Partnership v. Hughes , 191 Ga. App. 404, 407 (1), 381 S.E.2d 605 (1989). See also Rushing v. Gold Kist , 256 Ga. App. 115, 119 (3), 567 S.E.2d 384 (2002). Here, the Arbitration 87......
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Caley v. Gulfstream Aerospace Corp., No. CIV.A. 1:03-CV-3486-ODE.
...states that mutual promises and obligations are sufficient consideration to support a contract. Atlanta Six Flags Partnership v. Hughes, 191 Ga.App. 404, 381 S.E.2d 605, 607 (1989) ("[T]he mutual promises and obligations of the parties constituted sufficient consideration for the contract."......
-
West v. Bowser, A21A0055
...law, mutual promises and obligations are sufficient consideration to support a contract. See Atlanta Six Flags Partnership v. Hughes, 191 Ga.App. 404, 407(1), 381 S.E.2d 605 (1989). See also Rushing v. Gold Kist, 256 Ga.App. 115, 119(3), 567 S.E.2d 384 (2002). Here, the Arbitration Agreemen......