Frederick Muller and Elizabeth Muller v. Emily English

Specific Performance of Real Estate Sale Contract - Emily English contracted to sell certain real property to Frederick and Elizabeth Muller for $155,000.00. The contract stated that time was of the essence and provided a closing date of the transaction. Before the closing date arrived, Ms. English discovered that the deed conveying title to her had never been recorded and that there was delinquent taxes and several existing liens on the property. English then broke off all contact from the Mullers to delay the sale and claimed that the negotiated contract price was no longer fair. The Mullers brought suit for specific performance of the sales contract.

Plaintiff's Verdict - Trial Court ordered specific performance of the contract.

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Trial court denied Defendant's motion for a new trial. Affirmed by the Supreme Court of Georgia. See 514 S.E.2d 195 (Ga. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.