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Wiley v. Tom Howell & Assoc., Inc.

Court of Appeals of Georgia
267 S.E.2d 816 (1980)


Facts

Wiley (plaintiff) contracted with Tom Howell & Assoc., Inc. (Howell) (defendant) to sell his home. The contract’s terms stated that if the home was not sold within sixty days, Howell would purchase the home at the “appraised value.” After sixty days had passed, Howell made no offer to purchase the home. Wiley was unable to continue his payments on the home. It was then sold at a foreclosure auction. Wiley brought this action for specific performance of his contract with Howell, arguing that Howell was required to purchase his home. The trial court ruled in favor of Howell. Wiley then appealed to the Court of Appeals of Georgia.

Rule of Law

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Issue

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Holding and Reasoning (Quillian, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Smith, J.)

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