Botts v. Tibbens

STROUD, Judge.

Mark Tibbens (“defendant”) appeals from a judgment entered on 7 February 2013 awarding Elizabeth Botts (“plaintiff’) $32,331.72 for breach of contract and from an order granting plaintiff’s motion for summary judgment on several affirmative defenses raised by defendant. We affirm both the summary judgment order and the judgment.

I. Background

In 2000, defendant purchased a 61.7 acre tract of land in Orange County. He later decided to subdivide the tract and, in 2007, signed an “Offer to Purchase and Contract” along with his wife, Alicia Tibbens, and plaintiff, wherein plaintiff…