Fountain v. SKL Invs., Inc.
Docket Number: | 2009-CA-00122-COA Linked Case(s): 2009-CA-00122-COA ; 2009-CT-00122-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 05-11-2010 Opinion Author: Lee, P.J. Holding: Reversed and remanded |
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Additional Case Information: |
Topic: Contract - M.R.C.P. 12(b)(6) Judge(s) Concurring: King, C.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Irving, and Carlton, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT |
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Trial Court: |
Date of Trial Judgment: 12-22-2008 Appealed from: Adams County Chancery Court Judge: Kennie Middleton Disposition: COMPLAINT SUMMARILY DISMISSED Case Number: 2007-449 |
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Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Ray Fountain |
CHRISTOPHER H. NEYLAND |
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Appellee: | SKL Investments, Inc., and Alton Hall | LISA JORDAN DALE, T. JACKSON LYONS, CLAUDE PINTARD, JR. |
Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Contract - M.R.C.P. 12(b)(6) |
Summary of the Facts: | Ray Fountain and SKL Investments, Inc. verbally discussed a purchase contract for certain realty located in Adams County. The agreement was memorialized in writing and signed by SKL’s representative, Ashley Carroll. Fountain signed the purchase contract and returned it to SKL with his February payment of $300. A payment of $300 had already been received in January. Attached to the purchase contract was a payment schedule, which showed the amount of $300 due on January 23, 2007, and on the 23rd day of each month thereafter. The payment schedule showed that $300 had been received on January 22, 2007, by a person with the initials “L.L.” In the row containing the due date of February 23, 2007, $300 is handwritten in the “amount received” column, and the number 110270 is handwritten in the “check number” column. There is no indication as to when the February payment was received. Fountain hand delivered the March payment to SKL. Shortly thereafter, SKL returned all of Fountain’s payments and then conveyed the property in question to Alton Hall. Fountain filed suit against SKL and Hall seeking specific performance of the purchase contract, the setting aside of the deed to Hall, and damages. SKL filed a motion to dismiss which the court granted. Fountain appeals. |
Summary of Opinion Analysis: | It is clear that the parties entered into an agreement for Fountain to buy the property from SKL for $3,000, a fact which neither party disputes. In finding that there was no binding contract between the parties, the chancellor went beyond the scope of M.R.C.P. 12(b)(6). Fountain’s complaint is legally sufficient to withstand SKL’s motion to dismiss. |
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