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Southern Prestige Homes Inc. v. Moscoso

The defendants did not unilaterally rescind a new home purchase and sale contract when they sent a letter to plaintiff stating that they would draft a contract termination agreement which would provide for retention of the plaintiff's escrow funds until the home was sold.

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Southern Prestige Homes, Inc., and its president Dian Wolfe collectively “Prestige” appeal from the trial court’s grant of partial summary judgment to Alexis Moscoso. Prestige contends the trial court erred by granting summary judgment to Moscoso on his claim for breach of contract, by denying Prestige’s motion for partial summary judgment on Moscoso’s claims of conversion, punitive damages, and attorney fees, and also erred by denying Wolfe’s motion for summary judgment on Moscoso’s claims against her individually. For the reasons that follow, we reverse the grant of summary judgment to Moscoso.

1. The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. When ruling on a motion for summary judgment, “the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions arising therefrom most favorably toward the party opposing the motion.” Citation and punctuation omitted. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 596 370 SE2d 843 1988. “When reviewing the grant or denial of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence.” Citation and punctuation omitted. Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 163 1 493 SE2d 540 1997. Contract disputes are particularly well suited for adjudication by summary judgment because construction of contracts is ordinarily a matter of law for the court. Burns v. Reves, 217 Ga. App. 316, 318 1 457 SE2d 178 1995.

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