Hitt v. Lord

Birdsong, Judge.

Roy Hitt appeals the grant of summary judgment to Frank Lord which awarded the return of $5,000 earnest money to Lord, the pur*656chaser, in a real estate deal that the parties agreed not to consummate apparently because a condition of the contract (rezoning) had not been fulfilled.

Decided February 26, 1990. Duffy & Feemster, Charles P. Daly, for appellant. Noble L. Boykin, Jr., for appellee.

Appellant Hitt contends, inter alia, that an issue of fact exists whether he or purchaser Lord was intended to or required to have Hitt’s property rezoned; and that the rezoning was purchaser…