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McCLUNG v. ATLANTA REAL ESTATE ACQUISITIONS

No. A06A0855.

639 S.E.2d 331 (2006)

McCLUNG et al. v. ATLANTA REAL ESTATE ACQUISITIONS, LLC.

Court of Appeals of Georgia.

Reconsideration Denied December 8, 2006.

Attorney(s) appearing for the Case

Carol V. Clark, Roswell, for appellants.

Chamberlain, Hrdlicka, White Williams & Martin, Gary S. Freed, William J. Piercy, Hall, Booth, Smith & Slover, W. Scott Henwood, Russell E. Owens, Atlanta, for appellee.

MILLER, Judge.

Atlanta Real Estate Acquisitions, LLC ("AREA") filed the underlying lawsuit against Jean W. McClung and Vernell Osborne (the "Property Owners") seeking specific performance of a contract for the sale of land and damages for bad faith. The Property Owners defended on the grounds that the alleged contract failed to satisfy the Statute of Frauds and was therefore unenforceable. The trial court denied the Property Owners' motion for a directed verdict,...

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