OWENBY v. HOLLEY

No. A02A0580.

567 S.E.2d 351 (2002)

256 Ga. App. 13

OWENBY v. HOLLEY et al.

Court of Appeals of Georgia.

June 19, 2002.


Attorney(s) appearing for the Case

Ballard, Stephenson & Waters, W.D. Ballard, Covington, Eugene D. Butt, Athens, for appellant.

Bryan M. Pulliam, Covington, for appellees.


MIKELL, Judge.

In this action for specific performance, we reverse the grant of summary judgment to the defendants-appellees and affirm the denial of the plaintiff-appellant's motion, holding that genuine issues of material fact remain for trial. The relevant facts follow.

In 1982, George L. Owenby executed a warranty deed conveying property to his sister, Lucy O. Mayfield, in exchange for $25,000. In the deed, Owenby reserved "an option to re-purchase property...

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