Defendant Merlyn Clay appealed the grant of summary judgment in favor of plaintiff Charles Chavis, Clay's grandfather. The dispute concerned Clay's purchase of real property from Chavis and Clay's alleged failure to fulfill certain requirements of a sale contract for the real property executed by the parties. The Alabama Supreme Court found there were several discrepancies between the stated terms of the sale contract and the terms the parties agreed were part of the transaction, as well as discrepancies between the stated terms of the sale contract and the performance of the parties. "Those discrepancies are crucial to the outcome of this dispute because Chavis's claims are premised on the contention that Clay breached the sale contract by failing to provide a promissory note and a mortgage and by ceasing to make monthly loan payments to Chavis. Yet, under the terms of the sale contract, Chavis likewise did not provide the deed to the river property in a timely manner, and the sale contract does not expressly state that Clay had to make monthly loan payments. Those discrepancies are also crucial to the relief granted to Chavis by the circuit court." Judgment was reversed and the case remanded for further findings and proceedings. View "Clay v. Chavis." on Justia Law
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