Stewart v. Phillips

Smith, Judge.

This is an action by the Seller for the recovery of monies due under the terms of a contract for the sale of land. Seller brings this appeal from the grant of Buyer’s motion for a summary judgment dismissing the complaint. We reverse.

On July 20,1978 the parties contracted for the sale of property in Terrell County, Georgia. Paragraph 3 of the contract stated, "The sale of said property described in Exhibit A is a sale by the acre and not by the tract. Said property is represented by Seller to contain 34.5 acres more or less. Buyer shall have the option, at his expense, prior to…