Deborah Green v. Carolin Clark Wilhite and Sonrisa, Inc.

Carrollton, Georgia civil litigation lawyers represented the parties in a contract dispute over a home sale.



Deborah Green sued Carolin Clark Wilhite and Sonrisa, Inc. (collectively, "the defendants") for declaratory relief, specific performance, injunctive relief, and interpleader relating to issues involving the purchase and sale of a home in Carroll County. The trial court granted summary judgment to the defendants.



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Legal issue Can a seller terminate a Contract for Deed due to buyer's default without offering to restore the buyer to the pre-contract condition?

Headnote



CONTRACT LAW. TERMINATION VERSUS RESCISSION. The case examines whether the defendants properly terminated a Contract for Deed due to the plaintiff's default, as per the contract's terms, rather than rescinding it, and whether post-termination procedures were followed regarding the plaintiff's contractual rights.



CONTRACT LAW. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF. The plaintiff sought specific performance of the Contract for Deed's provision for transfer of a warranty deed and an injunction to prevent actions jeopardizing her contractual rights, but the court analyzed obligations post-termination.



CONTRACT LAW. SUMMARY JUDGMENT. On appeal, the court assessed if summary judgment was correctly granted in favor of the defendants, focusing on contract termination, and concluded that factual questions remained, particularly concerning post-termination rights and payments made by the plaintiff.



Key Phrases Declaratory relief. Specific performance. Injunctive relief. Rescission of a contract. Post-termination procedures.

Judgment affirmed in part and reversed in part.