Bendock v. Traton Corp.

Andrews, Presiding Judge.

Scott and Tina Bendock appeal pro se from the trial court’s grant of summary judgment to Traton Corporation. The Bendocks refused to close on the house Traton built for them and sued Traton for the return of their earnest money and other damages. Because we conclude there is an issue of fact as to whether Traton unjustifiably breached its contract with the Bendocks, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant…