Stewart v. Gainesville Bank & Trust

Phipps, Judge.

Swain Stewart appeals the trial court’s grant of partial summary judgment to Gainesville Bank & Trust and the denial of his motion for partial summary judgment in this real estate contract case. Because the trial court interpreted the contract correctly, we affirm.

The issue in this case is the nature of the Bank’s obligation to provide marketable title to Stewart. The contract between the parties contained the following relevant provisions:

1

[The Bank] agrees to sell to [Stewart] and [Stewart] agree [s] to buy from [the Bank] the real estate described as. . . .

3

[The Bank] agrees…