ROYAL ATLANTA DEVELOPMENT CORPORATION v. MD Hodges Enterprises, Inc.

Shulman, Judge.

Appellant, as seller, and appellee, as purchaser, entered into a contract for the sale of real estate. Some ten months later, appellant filed suit seeking the earnest money put up by appellee, alleging a wrongful refusal to close the transaction. Appellee answered with a defense of failure to complete conditions precedent and fraud in the inducement. Both parties moved for summary judgment. This appeal is from an order granting the motion of appellee and denying that of appellant.

1. Appellant has contended throughout this litigation that all defenses based on failure to…