Head v. Hastings
Head v. Hastings
Opinion of the Court
Ms. Head contracted to sell improved real property to Appellees Hastings and Akselsen. When an inspector reported a need for electrical repairs, the parties amended their contract to give Appellees credit for those repairs. Ms. Head subsequently refused to perform the contract, and Appellees brought suit for specific performance or damages. In her answer, Ms. Head alleged duress in the execution of the amendment to the contract. The trial court granted Appellees’ motion for summary judgment and, after Appellees elected the remedy of specific performance, entered final judgment. Ms. Head appeals.
1. Ms. Head contends that there remain genuine issues of material fact regarding her defense of duress. According to Ms. Head, the parties’ dual agent urged her to sign the amendment by telling her
2. Ms. Head urges that the trial court erred by entering final judgment even though Appellees presented no evidence of their unconditional tender of the purchase price. Ms. Head’s own deposition indicates that, two days prior to closing, she clearly communicated her intention not to sell the property. The record also contains Appellees’ written notice insisting on Ms. Head’s compliance with the contract. Appellees’ uncontradicted affidavit shows that they appeared at the scheduled closing, having obtained the necessary financing and fulfilled all other requirements to consummate the purchase. Ms. Head’s unqualified refusal to perform made any additional, formal tender on the part of Appellees unnecessary. McLoon v. McLoon, 220 Ga. 18 (2) (a) (136 SE2d 740).(1964).
Ms. Head also contends that Appellees did not allege the value of the property in their petition. Under the Civil Practice Act, an allegation of the value of the property is no longer required in a complaint for specific performance. OCGA § 9-11-112. See also OCGA § 9-11-8 (a) (2); Coleman v. Coleman, 265 Ga. 568, 569 (1) (459 SE2d 166) (1995).
Judgment affirmed.
Reference
- Full Case Name
- HEAD v. HASTINGS
- Status
- Published