Dobson v. Matt Owens Logging, Inc.
326 Ga. App. 879
| Ga. Ct. App. | 2014Background
- Owens (buyer/harvester) and Dobson (landowner) executed a written timber-harvest contract on 12/28/2009 requiring cutting on or before 2/1/2011 with an $85,000 advance and a three-month extension clause for severe weather/health/equipment problems.
- After wet weather and a heavy snowfall in Jan 2011, Owens sought an extension; Dobson orally agreed to an indefinite extension "until weather permitted" in exchange for a $2,000 check from Owens. Owens sent the $2,000 and requested written confirmation of a six-month extension; Dobson deposited the check but did not confirm in writing.
- On 5/1/2011 (three months after the contract term), Dobson declared timbering ended; Owens had recovered about $38,000 of the advance and left substantial timber uncut (estimated mill value ~$253,000).
- Owens sued for breach of contract and other claims; at trial the jury awarded Owens $80,619.92 for breach and $2,000 for conversion; Dobson’s post-trial motion for judgment notwithstanding the verdict was denied.
- Dobson appealed, arguing the oral modification was barred by the Statute of Frauds; the court considered whether partial performance saved the oral modification from the Statute of Frauds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an oral extension of a timber-sale contract (subject to Statute of Frauds) is enforceable | Owens: Parties orally modified contract; Owens partially performed and paid $2,000, so Statute of Frauds is satisfied | Dobson: Statute of Frauds requires written modification; oral change unenforceable | Court: Oral modification enforceable because one party acted (partial performance) and evidence supported jury finding |
| Whether trial court erred by admitting evidence of oral modification | Owens: Evidence relevant to modification and partial performance | Dobson: Evidence should have been excluded under Statute of Frauds | Court: Admission proper; jury could find waiver/"quasi-new" agreement |
| Whether judgment notwithstanding the verdict was warranted | Owens: Jury verdict supported by evidence of modification and damages | Dobson: No legally sufficient evidence to support verdict given Statute of Frauds | Court: JNOV denied; viewed facts in light most favorable to verdict |
| Whether Dobson solely responsible for Owens’ cessation of work after May 1, 2011 | Owens: Dobson accepted extension and then revoked without notice; Dobson’s actions prevented performance | Dobson: No agreement beyond written term; Owens was bound by contract | Court: Jury could find Dobson responsible based on their testimony and conduct |
Key Cases Cited
- South Fulton Med. Center v. Poe, 224 Ga. App. 107 (statement of directed verdict / JNOV standard)
- Aldworth Co. v. England, 281 Ga. 197 (JNOV/directed verdict procedural requirement)
- Norman & Griffin v. Shealey, 33 Ga. App. 534 (timber sale constitutes an interest in land under Statute of Frauds)
- Scott v. Ryder Truck Lines, 120 Ga. App. 819 (oral modification partially performed can satisfy Statute of Frauds)
- Planters Cotton-Oil Co. v. Bell, 54 Ga. App. 433 (same: timber-sale/Statute of Frauds principle)
- Vakilzadeh Enterprises v. Housing Auth. of DeKalb, 281 Ga. App. 203 (mutual departure/quasi-new agreement and jury question on waiver)