Cardin v. Outdoor East

I agree that the court below must be reversed, but for a different reason. In addition to the matters referred to in the majority opinion, the court’s order states: “Partial payment in this case does not except the contract from the statute of frauds.” Although the lease itself had been incorporated in the unverified complaint as an alleged lease, partial payment concerns a factual contention not raised in the pleadings. When such extraneous matters are considered, a motion on the pleadings must be treated as one for summary judgment under OCGA § 9-11-56. OCGA § 9-11-12 (c); Baker v. Wulf,…