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Gateway Family Worship Ctrs. Inc. v. H.O.P.E. Found. Ministries Inc.

Real estate sales contract was unenforceable since its property description was based upon a post-contract survey.

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Two questions are presented in this appeal. Is a real estate sales contract unenforceable due to an inadequate property description Should defense counsel be disqualified on the ground that he is a material witness The trial court said yes to both questions. Because we answer yes to the first question only, we affirm in part and reverse in part.

Delbert Pulliam, pastor of Gateway Family Worship Centers, Inc., and his wife entered into a contract to sell improved real estate to Laverne Dixon, pastor of H.O.P.E. Foundation Ministries, Inc. After Dixon refused to close the purchase due to alleged misrepresentations by Pulliam concerning the amount of property to be conveyed, H.O.P.E. sued Gateway. H.O.P.E. demanded that Gateway and Pulliam release a claim to a non-refundable $4,000 earnest money deposit paid by Dixon. Gateway filed a counterclaim against H.O.P.E., and a third party claim against Dixon, seeking to recover the earnest money and to obtain reimbursement for the cost of a survey of the property.

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