Homler v. Malas
Court of Appeals of Georgia
494 S.E.2d 18 (1997)
Robert Homler and Barbara Homler (plaintiffs) signed a contract to sell their single-family home to Mohannad Malas (defendant). The contract included a financing contingency requiring Malas to obtain a mortgage covering a term of at least 30 years and 80 percent of the sale price. The interest rate and monthly payment amount were left blank in the contract. The Homlers subsequently sued Malas for breach of contract, alleging that he did not make a good-faith effort to meet the financing contingency. Malas claimed that the contract was too vague to be enforceable, arguing that the financing contingency’s terms were not properly identified. The superior court agreed and granted Malas’s motion for summary judgment. The Homlers appealed.
Rule of Law
Holding and Reasoning (McMurray, J.)
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