Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Morris v. Morris

Court of Appeals of Georgia
637 S.E.2d 838 (2006)


Facts

In 1966, E.E. Morris purchased a 548-acre farm. In 1993, he entered into an agreement with his son, Harold Morris (defendant), to lease the entire farm for five years. Eight months into the lease, E.E. Morris and Harold Morris executed a contract giving Harold Morris the option to buy his father’s farm in 10 years. E.E. Morris died in 1997, and another of his sons, Marion Morris, became the executor of E.E. Morris’s estate (the estate) (plaintiff). In 2003, Harold Morris notified Marion Morris that he intended to exercise his option to buy the farm. However, the option agreement did not describe all 548 acres of E.E. Morris’s farm. Instead, it described only 312 acres of the farm. The estate filed an action for declaratory judgment, asking the court to determine how many acres E.E. Morris’s estate must sell to Harold Morris. At trial, both Harold Morris and Marion Morris testified that they had discussed the option contract with E.E. Morris and that E.E. Morris had unambiguously intended to give Harold Morris an option to purchase the entire farm. A secretary to the lawyer who drafted the option contract testified that while typing the contract she had inadvertently omitted the remaining 236 acres. Harold Morris requested that the trial court revise the option contract to include the missing 236 acres. The trial court held that the parties to the option contract had made a mutual mistake, because the parties had intended for the option contract to include all 548 acres of E.E. Morris’s farm. The estate appealed. On appeal, the estate argued that the trial court erred when it allowed testimony from Harold Morris and the secretary in regard to what property the option was intended to include.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial