Beller & Gould v. Lisenby
| Decision Date | 09 June 1980 |
| Docket Number | No. 35961,35961 |
| Parties | BELLER & GOULD v. LISENBY et al. |
| Court | Georgia Supreme Court |
This letter incorporated some changes which had been insisted upon by Mr. Lisenby after he had consulted his attorney. 1 As indicated above, the letter was signed by Beller & Gould and was accepted and signed by the Lisenbys.
The plan for the 28 lot residential community prepared by Harland Bartholomew in 1974 encompassed 57.6 acres more or less, described by courses and distances. The plan excluded the Lisenbys' existing residence and the lot on which it was located, describing this lot by courses and distances (a subsequent survey showed that the 28 lot plan consisted of 57.58 acres and the existing residence lot consisted of 2.68 acres). The Lisenbys later decided to retain their residence. Thus they did not exercise either of their options under paragraphs 2 or 6 of the letter.
The buyer surveyed and flagged the streets and lots, developed a sales promotional program and ultimately sold 10 lots to 9 purchasers. Each of the 2 partners also contracted to buy a lot from their partnership, but without any down payment from them.
Prior to November 15, 1977, the purchaser notified the buyer that it would exercise the option. After negotiations broke down over a more formal sales contract and the closing documents, the sellers notified the buyer in December that the sellers found the option not to be binding. The buyers nevertheless set January 19, 1978, as the date for closing and informed the sellers that there would be no releases requested at closing. The sellers notified the buyer that they would not appear at the scheduled closing and that they were negotiating with other prospective purchasers. This suit was instituted 4 days later.
Evidence of the foregoing facts was introduced at trial and a qualified appraiser testified that the price of $12,000 per acre was fair and reasonable to the sellers. There was also considerable testimony at trial as to the parties' interpretations of the July 14 letter and of their continued negotiations. The bulk of this testimony is not material to the enforceability of the agreement as against a motion for directed verdict.
1. In Muller v. Cooper, 165 Ga. 439, 441-442, 141 S.E. 300, 302 (1927), on which the sellers rely, the court found as follows: ...
To continue reading
Request your trial
-
Homart Development Co. v. Sigman
...through use of a "key," a word or phrase in the writing referring to material that will make the terms definite. Beller & Gould v. Lisenby, 246 Ga. 15, 268 S.E.2d 611 (1980); The district court decided that the terms of two of the "Additional Provisions" describing conditions to the option ......
-
Lee v. Green Land Co., Inc.
...filed affidavits). 3. Harris v. Trippi, 209 Ga. 369, 372(2), 72 S.E.2d 704 (1952); OCGA § 23-2-130. 4. Beller & Gould v. Lisenby, 246 Ga. 15, 17(1), 268 S.E.2d 611 (1980). 5. See Whitley v. Patrick, 226 Ga. 87, 88-89, 172 S.E.2d 692 6. Cashin v. Markwalter, 208 Ga. 444, 446(3), 67 S.E.2d 22......
-
Peoria Assoc. Ltd. Partnership v. Best Buy Co.
...213 Mich.App. 438, 540 N.W.2d 702, 705 (1995) (letter of intent to lease land under the Michigan Statute); Beller & Gould v. Lisenby, 246 Ga. 15, 268 S.E.2d 611, 615 (1980) (sale of land under Georgia Statute). The claimed oral agreement thus cannot save the letter of II. Promissory Estoppe......
-
West 80 Investors v. Chequers Investment Associates
...with non-judicial foreclosure and any other remedies available pursuant to the loan or at law. Appellants rely on Beller & Gould v. Lisenby, 246 Ga. 15, 268 S.E.2d 611 (1980), and Cohen v. William Goldberg, etc., 202 Ga.App. 172, 413 S.E.2d 759 (1991), in support of their contention that no......
-
Actions Speak Louder Than Words: Hanham v. Access Management Group L.p. Reestablishes Validity for Course of Conduct Parol Contracts in Georgia
...209 Ga. App. 263, 433 S.E.2d 671 (1993).118. Hanham, 305 Ga. at 417, 825 S.E.2d at 220. 119. Am. Century Mortg. Inv., 246 Ga. at 40, 268 S.E.2d at 611; Vasche, 209 Ga. App. at 265, 433 S.E.2d at 673-74.120. 200 Ga. 79, 36 S.E.2d 330 (1945).121. Hanham, 305 Ga. at 417, 825 S.E.2d at 220.122.......