Litland v. Smith

Mikell, Judge.

John Litland sued Jackie W. Smith for fraud and breach of an oral contract relating to the construction of Litland’s home. The trial court converted Smith’s motion to dismiss into a motion for summary judgment and entered judgment in favor of Smith. Litland appeals, arguing that the court erred in concluding that Smith acted in his corporate capacity and that there was no consideration for the alleged oral contract. We affirm.

In reviewing grants of summary judgment, “this [c]ourt conducts a de novo review of the law and the evidence.” Desai v. Silver Dollar City, 229 Ga. App.…