Moreno v. Smith
788 S.E.2d 349 (2016)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P is the mother of D, and in 2004, P acquired a residential property. Three years later, P gave a one-half interest in the property to D as a gift. P and D also signed a document that purports to be a contract. P agreed to sell the remaining one-half interest in the property to D, and D agreed to pay $75,000 to P in $400 monthly installments. After six more years had passed, D had made no payments. P filed a lawsuit for breach of contract and for an equitable accounting as between tenants in common. The trial court granted partial summary judgment to P, concluding that the undisputed evidence showed as a matter of law that P and D had entered into a binding and enforceable contract for the purchase and sale of the property. D offered evidence that tends to show that no contract was made. D submitted an affidavit in opposition to the motion for summary judgment in which she said, among other things, that she had signed the document in question at the request of her mother for the sole purpose of enabling P to demonstrate an interest in the property and that she was earning income from it. D also said in her affidavit that, as of the time the document was signed, P consistently had made statements that D was not expected to pay anything for the property. The trial court awarded damages to P for breach of contract based on the contract itself and parol evidence, as well as fair market rent for her one-half interest as an equitable adjustment of the accounts of the tenants in common. P appealed.
Issues
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Holding & Decision
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Legal Analysis
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