Scott v. Lewis
Opinion
*197 Ebeerhaedt, Judge.
Under both counts of the petition the seller relies on the validity of the contract for a recovery. There is as a condition precedent to its enforceability, a requirement that the buyer be able to obtain a loan, the terms and conditions of which were not sufficiently specific to be enforceable. There was no provision as to interest rate, terms of repayment, etc.
Stanaland v. Stephens, 78 Ga. App. 68 ( 50 SE2d 258 ). If the parties to a transaction do not create binding agreements, the courts are powerless to do it for them, or to afford a remedy for a breach. In all substantial particulars this case is similar to Scarborough v. Novak, 92 Ga. App. 488 ( 88 SE2d 800 ).
The sustaining of the general demurrer to both counts of the petition was proper.
A different result is not required by Blanton v. Williams, 209 Ga. 16 ( 70 SE2d 461 ), where the purchaser, seeking specific performance, offered to pay the entire purchase price in cash, thus effecting a waiver of the loan provision in the contract.
The seller incurred the expense of perfecting title to the property, moving his family, etc., relying upon the terms of a contract, as to which he was charged with knowledge of its invalidity, and of which there was no waiver.
Judgment affirmed.
Nichols, P. J., and Pannell, J., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 11 cases
View all citing references →Relies on it most ⓘ
- Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land Corporation
- American Viking Contractors, Inc. v. Scribner Equipment Co., Inc., Scribner Equipment Co., Inc. v. Henry F. Nelson
- Farmer v. Argenta
- Bonner v. Wachovia Mortgage Co.
- Sierra Associates, Ltd. v. Continental Illinois National Bank & Trust Co.
- Parker v. Averett
Most recent
- Homler v. Malas
- Farmer v. Argenta
- American Viking Contractors, Inc. v. Scribner Equipment Co., Inc., Scribner Equipment Co., Inc. v. Henry F. Nelson
- Sierra Associates, Ltd. v. Continental Illinois National Bank & Trust Co.
- Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land Corporation
- Bonner v. Wachovia Mortgage Co.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.