Burnam v. Wilkerson
Burnam v. Wilkerson
Opinion of the Court
This is an action for specific performance of an option contract to sell land. R. A. Wilkerson brought the action against Henry and Bessie Bumam in the Superior Court of Houston County. The material allegations of plaintiff’s petition were as follows: that the defendants, for a consideration of $1.00, gave the plaintiff a 120 day option on October 31, 1959, to purchase certain land described in the option; that prior to the expiration date of the option, plaintiff advised defendants that he accepted the option and tendered the purchase price of $16,000, but defendants refused the tender and refused to comply with their contract; that on February 27, 1960, plaintiff spent the entire day searching for defendants to tender the purchase price to them, but the defendants left home in order to
The trial court overruled a general demurrer to plaintiff’s petition and this court affirmed in Burnam v. Wilkerson, 217 Ga. 657 (124 SE2d 389). The case has now been tried and a verdict returned in favor of the plaintiff. A motion for new trial and a motion for judgment notwithstanding the verdict were overruled. Error is assigned on the order overruling these motions.
In both their motion for new trial and their motion for judgment notwithstanding the verdict, the defendants assert that the verdict is without evidence to support it. The defendants rely on the rule stated in Code § 37-805. That Code section provides: “Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance; so also any other fact showing the contract to be unfair, or unjust, or against good conscience.” Defendants insist the verdict is contrary to law and the principles of equity because: “The defendant Henry Burnam, at the time the option was signed, was unable to read and write. The defendant Bessie Burnam was not in her best of health because of a prior physical injury. The plaintiff was in good health and was sophisticated in matters regarding real estate.” There was testimony that the terms of the option were read and explained to Henry and Bessie Burnam. This was sufficient evidence from which the jury could find that the defendants understood the terms of the option contract they were entering into and to negate any inference of inequity or unfairness which the evidence cited above by the defendants might suggest.
Judgment affirmed.
Reference
- Full Case Name
- BURNAM v. WILKERSON
- Status
- Published