Braddy v. Boynton

Carley, Justice.

David Boynton brought suit to enforce an alleged oral agreement to purchase real property from Vicki Braddy. After discovery, the trial court granted Boynton’s motion for summary judgment, and Ms. Braddy appeals.

A superior court may decree specific performance of a parol contract for the sale of land where there is clear proof that, with reference to the agreement, either the vendee made partial payment and went into possession or he took possession and made valuable improvements. OCGA § 23-2-131 (b). Here, the evidence is undisputed that, in reliance upon the agreement with…