Morris v. Hodge

• Decision Date: 19 December 1979
• Docket Number: No. 58726,58726
• Citation: Morris v. Hodge, 264 S.E.2d 482, 152 Ga.App. 815 (Ga. App. 1979)
• Parties: MORRIS et al. v. HODGE.
• Court: Georgia Court of Appeals

Page 482

264 S.E.2d 482

152 Ga.App. 815

MORRIS et al. v. HODGE.

No. 58726.

Court of Appeals of Georgia.

Submitted Oct. 18, 1979.

Decided Dec. 4, 1979.

Rehearing Denied Dec. 19, 1979.

Jay W. Bouldin, Griffin, for appellants.

Harvey A. Monroe, Jonesboro, for appellee.

BIRDSONG, Judge.

Appellants, Mr. and Mrs. Morris, brought suit against Hodge and his real estate agency alleging that there had been a breach of warranty involved in the transfer of real property from Hodge to the Morrises. Particularly, the Morrises alleged that the warranty deed did not mention an outstanding recorded security deed to a third party involving the same property; therefore the warranty deed was misleading because a warranty deed implies that there are no encumbrances against the property. Arguments of counsel appearing in the record indicate that at the time of the transfer of the warranty deed, the Morrises were fully aware of the prior security deed encumbrance upon the property. In the second count of their complaint, the Morrises asserted that the transaction was tainted by fraud and that they were entitled to punitive damages. Hodge filed an answer denying the complaint and entered a counterclaim seeking monetary damages for past due payments and a perpetual injunction against the Morrises to prevent them from denying possession to Hodge of the property. The trial court granted directed verdicts against the Morrises for their counts of breach of warranty and fraud in the transfer, and in favor of Hodge on his counterclaim seeking monetary damages for back payments on the security deed from the Morrises to Hodge; and submitted to the jury the question of the perpetual injunction. The jury found in favor of Hodge on the last issue. Appellants on this appeal enumerate as error the direction of the verdicts against them on their complaint; direction of the verdict in favor of Hodge on count one of his counterclaim seeking monetary damages; and as to the charge of the court wherein it submitted the issue to the jury of the perpetual injunction in a manner not adjusted to the evidence or the pleadings. Held :

In their notice of appeal, appellants advised the clerk of the court to omit nothing from the record, but limited the transcript to the evidence and proceedings pertaining to the motions for directed verdict. The certificate of the court reporter reflects that the record forwarded to this court in no way comprises the entire proceedings of the case, but only those portions which were ordered by plaintiff's counsel. The transcript forwarded to this court basically presents only the...