We granted this interlocutory appeal to review the trial court’s grant of partial summary judgment to appellee, which prevents appel
Appellants Mr. and Mrs. Denny contracted to buy a home in Rockdale County from appellee Nutt. The sales contract provided that the Dennys would procure financing at 9 percent per annum, and they did procure a commitment for such financing. However, Nutt refused to consummate the sale, and the Dennys sued him for specific performance and for money damages for breach of contract. The breach of contract damages they seek to recover are fees paid to the mortgage company to procure the loan commitment, lost time from work, moving expenses, and the amount they would have to pay in excess of the 9 percent interest rate when and if the loan closes. The trial court granted partial judgment to appellee as to those items, and this interlocutory appeal followed.
1. Appellants contend that the trial court erred in disallowing damages for loan application costs, moving expenses, and loss of time from work. “It has long been the rule that the measure of damages for breach of a contract to sell land is the difference between the contract price and the fair market value of the land at the time of the breach. [Cits.]”
Quigley v. Jones,
2. Appellants also enumerate as error the trial court’s grant of summary judgment to Nutt on the issue of increased interest costs, relying on this court’s decision in
Executive Constr. v. Geduldig,
Judgment affirmed.
