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Clarence F. Fabian et al.v.Christopher E. Pontikakis et al.

CourtCourt of Appeals of Georgia
Docket No.A14A0099
DecidedMay 30, 2014
Reporter327 Ga. App. 392, 759 S.E.2d 295
JudgesThird Division: Presiding Judge Barnes, and Judges Boggs and Branch; Barnes authored the opinion; Boggs and Branch concurred
Tags
CivilContract LawContract InterpretationCivil ProcedureSummary JudgmentReversalVacaturRemand
Case Summary

Christopher and Georgia Pontikakis sold approximately 76 acres in Long County after signing a sales contract and addendum fixing the price at $221,321. The sellers later sued, claiming that the parties had agreed to a $320,000 price and that the purchasers would pay the difference after closing. The purchasers sought judgment without trial, but the trial court rejected their motion, reasoning that parol evidence could establish the true consideration for the deed. The Court of Appeals reversed the ruling on the contract claim, holding that the integrated sales contract and addendum barred evidence of an earlier or contemporaneous agreement for a higher price; the nominal consideration stated in the warranty deeds did not change that result. The court vacated the denial of judgment on the sellers’ remaining claims because the trial court had not reached their merits, and sent those claims back for the trial court to consider the purchasers’ pending summary-judgment motion on the merits.

Opinion

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Clarence F. Fabian et al. v. Christopher E. Pontikakis et al. — The Atlanta Gleaner