Denny v. Nutt

Benham, Judge.

We granted this interlocutory appeal to review the trial court’s grant of partial summary judgment to appellee, which prevents appel lants from pursuing their claim for money damages in their real estate sales contract action.

Appellants Mr. and Mrs. Denny contracted to buy a home in Rockdale County from appellee Nutt. The sales contract provided that the Dennys would procure financing at 9 percent per annum, and they did procure a commitment for such financing. However, Nutt refused to consummate the sale, and the Dennys sued him for specific performance and for money damages…