Buford Dam Ventures, LLCv.Faith Businesses, Inc.
Companion appeals arose from a dispute over a lease, a right of first refusal, and the sale of property involving Buford Dam Ventures, Big D Foods, Meeny, and Faith Businesses. The trial court granted Faith declaratory relief, specific performance, and attorney fees. The Court of Appeals of Georgia held that the record presented unresolved factual questions about the parties’ agreement and a later alteration to the lease, including whether a mutual mistake occurred and whether the parties agreed to modify the written contract. Summary judgment was therefore improper, and the case required a jury trial on the disputed issues. The court vacated the judgment and remanded for further proceedings.
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