Nelson Realty Co. v. Joiner
Nelson Realty Co. v. Joiner
Opinion of the Court
Daniel John Alder and Marie Portario Alder filed a complaint against Jean E. Joiner, Jesse Joiner, Nelson Realty Company and others and alleged that they had entered into a contract to purchase the residence of Jean and Jesse Joiner for $24,000; that the property was advertised
The defendant Nelson Realty Company filed a motion for summary judgment on the grounds that there were no material issues of fact in the case, that there was no evidence or admitted facts sufficient to sustain a verdict or judgment against it, and that it was entitled to a summary judgment as a matter of law. The
The affidavit of the complainants on motion for summary j udgment asserted that Jean Joiner and Jesse Joiner represented to them that they would take care of the termite inspection letter and that an FHA inspector had pulled back the baseboards in the subject property for the purpose of such inspection and that no termite damage or infestation was found on such inspection; that the complainants had made a reasonable inspection and could not determine whether termite infestation or damage existed and after their inspection they relied on Jean Joiner’s representations to provide a letter of termite inspection; and they relied on the contentions of said letter of inspection upon its production at the time of closing; that at the time of closing Jean Joiner stated that the termite infestation and damage which had previously existed had been corrected; that subsequent to the closing they removed some wallpaper and noticed extensive cracking in the walls; that an investigation by an inspector of the Department of Agriculture revealed much damage which had not been corrected; that the existence of the damage was contrary to the terms of the termite letter produced by Jean Joiner from the Southeastern Exterminating Company, Inc.; that the representations by Jean Joiner were contradictory to the terms of the written sales contract between Jean
The trial court overruled the motion for summary judgment and certified the ruling for immediate review by this court. Held:
1. "Fraud renders contracts voidable at the election of the injured party.” Code § 20-502.
2. "The principal shall be bound by all representations made by his agent in the business of his agency; and also by his wilful concealment of material facts, although they are unknown to the principal, and known only by the agent.” Code § 4-307. Williams v. Toomey, 173 Ga. 199 (1, 2, 3) (159 SE 866); and Puckett v. Reese, 203 Ga. 716 (2) (48 SE2d 297).
3. Under the facts of this case the trial court properly overruled the motion of Nelson Realty Company for summary judgment.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.