Barnett v. Decatur

Weltner, Justice.

The Decaturs purchased a one-acre lot of land. They brought an action against their grantor and others in the chain of title claiming breach of warranty of title under OCGA § 44-5-62. The Decaturs complained that, at the time of the sale, the configuration of the lot did not comply with county zoning requirements.

The Court of Appeals reversed the trial court’s denial of partial summary judgment to the Decaturs as to breach of warranty of title, Decatur v. Barnett, 197 Ga. App. 459 (398 SE2d 706) (1990), and we granted certiorari.

1. The contract provided:

Seller warrants that…