Lemming v. Morgan, 492 S.E.2d 742 (Ga. Ct. App. 1997). · Go Syfert
Lemming v. Morgan, 492 S.E.2d 742 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
“the agreement lemming seeks to enforce had no specific provisions regarding when transfer of title . . . was to take 26 place . . . .”
49 citation events (43 in the last 25 years) across 5 distinct courts.
Strongest positive: Svec v. Davis (azd, 2025-07-23)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (verbatim quote) Svec v. Davis (2×) also: Cited as authority (rule)
D. Ariz. · 2025 · quote attribution · 1 verbatim quote · confidence high
the agreement lemming seeks to enforce had no specific provisions regarding when transfer of title . . . was to take 26 place . . . .
examined Cited as authority (quoted) Speedway Promoters, Inc. v. Hooter's of America, Inc. (2×)
W.D.N.C. · 2000 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
parol contract sought to be enforced based on part performance must be certain and definite in all essential particulars.
cited Cited as authority (rule) BODIFORD v. WALTZ Et Al.
Ga. Ct. App. · 2019 · confidence medium
Id. at 764-765 (1), 492 S.E.2d 742 .
discussed Cited as authority (rule) ROBERTS Et Al. v. SMITH
Ga. Ct. App. · 2017 · confidence medium
Although “the law leans against the destruction of contracts on the ground of uncertainty,” (citation and punctuation omitted) Vernon v. Assurance Forensic Accounting, 333 Ga. App. 377, 382 (1) ( 774 SE2d 197 ) (2015), a contract is not enforceable if “[i]t has not been shown, with any reasonable certainty, what the parties were obligating themselves to do.” Lemming v. Morgan, 228 Ga.App. 763, 765 (1) ( 492 SE2d 742 ) (1997).
discussed Cited as authority (rule) Tampa Investment Group, Inc. v. Branch Banking & Trust Co.
Ga. · 2012 · confidence medium
A contract which is either not reduced to writing or defectively so reduced and which is “sought to be enforced based on part performance must be certain and definite in all essential particulars. [Cit.]” Lemming v. Morgan, 228 Ga. App. 763, 764 (1) (492 SE2d *730 742) (1997).
discussed Cited as authority (rule) Harmon v. INNOMED TECHNOLOGIES, INC. (2×)
Ga. Ct. App. · 2011 · confidence medium
Hunt, supra (footnote omitted); see Massih v. Mulling, 271 Ga. App. 685, 687 (1) ( 610 SE2d 657 ) (2005) (promise of 20 percent ownership interest in company unenforceable where parties had not agreed on when interest would be conveyed or how company was to be structured); Key v. Naylor, Inc., 268 Ga. App. 419, 425 (3) ( 602 SE2d 192 ) (2004) (agreement to transfer 20 percent of stock unenforceable where agreement did not provide for when or if transfer was to be made, what stock was to be conveyed, and what the percentage related to); Burns v. Dees, 252 Ga. App. 598, 602-606 (1) (a) (i) ( 557…
discussed Cited as authority (rule) Triple Eagle Associates, Inc. v. Pbk, Inc. (2×)
Ga. Ct. App. · 2010 · confidence medium
Bldg. v. Keel, 107 Ga. App. 438, 440 (1) ( 130 SE2d 530 ) (1963) (noting that “a contract may be made sufficiently certain by reference to other documents”). 26 Lay Bros. v. Golden Pantry Food Stores, 273 Ga. App. 870, 872 (1) ( 616 SE2d 160 ) (2005) (footnote omitted); see also Taylor v. Calvary Baptist Temple, 279 Ga. App. 71, 71-2 (1) ( 630 SE2d 604 ) (2006) (same). 27 Kreimer v. Kreimer, 274 Ga. 359, 361 (1) ( 552 SE2d 826 ) (2001) (footnote omitted); see also Lay Bros., 273 Ga. App. at 872 (1). 28 See, e.g., Little v. King, 211 Ga. 872, 872 ( 89 SE2d 511 ) (1955) (holding that party c…
examined Cited as authority (rule) Troutman v. Troutman (3×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
(Citations and punctuation omitted.) Lemming v. Morgan, 228 Ga. App. 763, 764 (1) ( 492 SE2d 742 ) (1997).
discussed Cited as authority (rule) Kitchen v. INSURAMERICA CORP.
Ga. Ct. App. · 2009 · confidence medium
See Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (“The rule is that the scope of review is limited to the scope of the ruling in the trial court.”) (citation and punctuation omitted). 5 Fay v. Custom One Homes, 276 Ga. App. 188, 190 (1) (a) ( 622 SE2d 870 ) (2005). 6 Id. (punctuation and footnote omitted). 7 Aukerman v. Witmer, 256 Ga. App. 211, 214 (1) ( 568 SE2d 123 ) (2002) (punctuation and footnotes omitted). 8 Kueffer Crane &c., Inc. v. Passarella, 247 Ga. App. 327, 330 (3) ( 543 SE2d 113 ) (2000) (punctuation and footnote omitted). 9 See Mon Ami Intl. v. Gale, 264 Ga. …
discussed Cited as authority (rule) Mariner Healthcare, Inc. v. Foster
Ga. Ct. App. · 2006 · confidence medium
D., 273 Ga. App. 839 (1) ( 616 SE2d 179 ) (2005). 5 See Smith v. State, 278 Ga. App. 315 (1) ( 628 SE2d 722 ) (2006). 6 S ee Lemming v. Morgan, 228 Ga.App. 763, 764-765 (1) ( 492 SE2d 742 ) (1997); Farmer v. Argenta, 174 Ga. App. 682, 683 ( 331 SE2d 60 ) (1985) (physical precedent only). 7 OCGA § 44-7-6. 8 See Valiant Steel & Equip. v. Roadway Express, 205 Ga. App. 237, 240 (2) ( 421 SE2d 773 ) (1992); Plank v. Bourdon, 173 Ga. App. 391, 394 (2) ( 326 SE2d 571 ) (1985). 9 Colonial Self Storage &c. v. Concord Properties, 147 Ga. App. 493, 494 (1) ( 249 SE2d 310 ) (1978). 10 Gully v. Glover, 19…
cited Cited as authority (rule) Waugh v. Waugh
Ga. Ct. App. · 2004 · confidence medium
(Citation and punctuation omitted.) Lemming v. Morgan, 228 Ga. App. 763, 764-765 (1) ( 492 SE2d 742 ) (1997).
discussed Cited as authority (rule) Razavi v. Shackelford
Ga. Ct. App. · 2003 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 (Citations and punctuation omitted.) Bagwell-Hughes, Inc. v. McConnell, 224 Ga. 659, 661-662 ( 164 SE2d 229 ) (1968). 3 Id. 4 252 Ga. App. 598 ( 557 SE2d 32 ) (2001). 5 Id. at 599 . 6 Id. at 601 . 7 (Citations and punctuation omitted.) Id. at 601-602 (1) (a). 8 228 Ga. App. 763 ( 492 SE2d 742 ) (1997). 9 Id. at 764 (1). 10 See also Cherokee Falls Investments v. Smith, 213 Ga. App. 603, 605 (1) ( 445 SE2d 572 ) (1994) (alleged land development contract unenforceable where it did not contain terms of how or when the development was to occur,…
discussed Cited as authority (rule) Aukerman v. Witmer
Ga. Ct. App. · 2002 · confidence medium
Co., 226 Ga. App. 119, 121 (1) ( 485 SE2d 264 ) (1997). 9 236 Ga. 694, 695 ( 225 SE2d 43 ) (1976). 10 Burns, supra at 604 . 11 See id. at 604-605 ; cf. Pacrim Assoc. v. Turner Home Entertainment, 235 Ga. App. 761, 764-765 (1) ( 510 SE2d 52 ) (1998) (verbal agreement sufficient for court to determine terms and conditions on which parties intended to bind themselves). 12 Sanders, supra at 121 . 13 See Burns, supra at 602 ; Lemming v. Morgan, 228 Ga. App. 763, 765 (1) ( 492 SE2d 742 ) (1997); Jackson v. Williams, 209 Ga. App. 640, 643 (1) ( 434 SE2d 98 ) (1993). 14 See Burns, supra at 603-604 ; L…
discussed Cited as authority (rule) Wessinger v. Spivey (In Re Galbreath)
Bankr. S.D. Ga. · 2002 · confidence medium
The terms sought to be enforced must have been certain and definite, Lemming v. Morgan, 228 Ga.App. 763, 764 , 492 S.E.2d 742, 744 (1997), and the promisee must have detrimentally relied on the agreement, Smith Serv.
cited Cited as authority (rule) Discovery Point Franchising, Inc. v. Miller
Ga. Ct. App. · 1998 · confidence medium
Lemming v. Morgan, 228 Ga. App. 763, 764 (1) ( 492 SE2d 742 ) (1997).
discussed Cited "see" Kenneth Callaway v. Larry Garner, Sr. (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Lemming v. Morgan, 228 Ga. App. 763 , 764- 765 (1) ( 492 SE2d 742 ) (1997); Dale’s Shoe Store v. Dale, 104 Ga. App. 371, 372 ( 121 SE2d 695 ) (1961).
discussed Cited "see" Callaway v. Garner (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Lemming v. Morgan, 228 Ga. App. 763, 764-765 (1) ( 492 SE2d 742 ) (1997); Dale’s Shoe Store v. Dale, 104 Ga. App. 371, 372 ( 121 SE2d 695 ) (1961).
Lemming
v.
Morgan
A97A1390.
Court of Appeals of Georgia.
Oct 9, 1997.
492 S.E.2d 742
Wade C. Hoyt III, for appellant., Davidson & Strain, William E. Davidson, Jr., for appellee.
Johnson, Pope, Blackburn.
Cited by 20 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: W.D. North Carolina (2)
Johnson, Judge.

Larry Lemming appeals from the grant of summary judgment to Jackson Morgan in this action based on the alleged breach of an oral agreement.

Viewing the facts in the light most favorable to Lemming as nonmovant on a motion for summary judgment, the evidence shows that Lemming and Morgan entered into an oral partnership agreement. Lemming was to use his business connections and influence to locate real estate, assist Morgan in obtaining financing to purchase property, and then assist Morgan in reselling or developing the property. Lemming was involved in a divorce proceeding and was experiencing tax problems at the time the agreement was entered into and states, rather frankly, that he therefore did not want property titled in his own name. He and Morgan agreed to temporarily put title to the property in Morgan’s name. Morgan was to transfer one-half of his interest in the property to Lemming and split any proceeds earned from the developments with him “if and when” Lemming’s personal and tax problems subsided.

Over a four- or five-year period, Lemming located five properties for development. He helped Morgan obtain documents necessary for Morgan to secure financing and found buyers for some of the properties and for the timber on other parcels. All of the money used to purchase the properties was borrowed by Morgan. According to Lemming, his personal problems subsided, but Morgan refused to transfer one-half of his interest in the properties or split the proceeds from some of the developments. Lemming sued Morgan for fraud and breach of the alleged oral agreement, seeking judgment in an amount equal to one-half the value of the real estate or a decree transferring to him a one-half ownership interest in the properties. Morgan denied the existence of any such agreement and argued, alternatively, that if such an agreement did exist, Lemming was liable to him for one-half of all investment costs and expenses incurred and[*764] one-half of all liabilities, indebtedness and obligations related to the properties. Morgan moved for summary judgment, arguing that the claim is barred by the statute of frauds because the purported agreement was for the sale of lands, an interest in lands, or concerning lands, and because it could not be performed within one year. Morgan further argued the alleged agreement was too vague to be enforceable. The trial court granted Morgan’s motion for summary judgment.

1. Lemming argues that the statute of frauds does not apply in this case because he performed his obligations under the agreement. Under the circumstances presented here, his argument is without merit.

The statute of frauds requires that “[a]ny contract for sale of lands, or any interest in, or concerning lands” be in writing. OCGA § 13-5-30 (4); see East Piedmont 120 Assoc., L.P. v. Sheppard, 209 Ga. App. 664, 666 (434 SE2d 101) (1993). It is true that the statute of frauds does not extend to those cases “[wjhere there has been such part performance of the contract as would render it a fraud of the. party refusing to comply if the court did not compel a performance.” OCGA § 13-5-31 (3). However, a parol contract sought to be enforced based on part performance must be certain and definite in all essential particulars. See Bridges v. Reliance Trust Co., 205 Ga. App. 400, 402 (2) (422 SE2d 277) (1992). To be valid, an agreement to convey an interest in land must be certain enough to enable either party to enforce it according to its terms. See Pettit v. Gray, 211 Ga. App. 439 (439 SE2d 673) (1993); Burns v. Pugmire, 194 Ga. App. 898, 899 (1) (392 SE2d 62) (1990). For example, the failure of the parties to agree to the specifics of payment is fatal to the agreement where it is sought to be enforced on that basis. See Pettit, supra at 440.

The alleged oral agreement in this case was not sufficiently certain or definite to be enforceable. The agreement Lemming seeks to enforce had no specific provisions regarding when transfer of title, division of proceeds, or sale of the properties was to take place; how or when development was to take place on any of the properties; how development or other costs of the ventures were to be allocated; how, when or by whom it would be decided whether the properties would be sold or whether one-half of Morgan’s interests in the various properties would be transferred to Lemming; or how proceeds would be calculated. Testimony that Lemming was to get one-half of the proceeds “if and when” his personal and tax problems subsided is too vague to be enforceable. See, e.g., Farmer v. Argenta, 174 Ga. App. 682, 683-684 (331 SE2d 60) (1985) (physical precedent only). While the doctrines of reasonable time or reasonable requirements might supply some details to an agreement, “indefiniteness in subject matter so extreme as not to present anything upon which the contract[*765] may operate in a definite manner renders the contract void.” (Citations and punctuation omitted.) Cherokee Falls Investments v. Smith, 213 Ga. App. 603, 605 (1) (445 SE2d 572) (1994).

Decided October 9, 1997 Wade C. Hoyt III, for appellant. Davidson & Strain, William E. Davidson, Jr., for appellee.

The fact that Lemming may have performed his obligations under the purported agreement does not require a different outcome. Although in some contexts performance may supply the definiteness required for an enforceable contract, in this case it does not. The deficiencies here were not cured by performance “because the agreement relied upon was so vague, indefinite and uncertain as to make it impossible for courts to determine what, if anything, was agreed upon, therefore rendering it impossible to determine whether there had been performance.” (Citation and punctuation omitted.) Jackson v. Williams, 209 Ga. App. 640, 643 (1) (434 SE2d 98) (1993). It has not been shown, with any reasonable certainty, what the parties were obligating themselves to do. See Cherokee Falls Investments, supra. Since there is no evidence of past performance sufficient to remove the agreement from the statute of frauds, the trial court did not err in granting Morgan’s motion for summary judgment. See Bagwell-Hughes, Inc. v. McConnell, 224 Ga. 659, 661-662 (164 SE2d 229) (1968).

It has not escaped our notice that Lemming virtually admits that he sought to mislead the government and his personal creditors about his assets and contingent assets in the way he attempted to structure his “agreement” with Morgan. However, because the principles outlined above resolve the issue of the enforceability of the purported agreement, it is not necessary for us to address the issue of whether such an apparently illegal contract would ever be enforceable.

2. Lemming contends the trial court erred in failing to consider the issue of performance in granting summary judgment to Morgan. Although the trial court does not discuss performance in its order, Lemming presented the argument to the trial court, and we will presume the trial court considered it in reaching its decision. See generally Washington State Employees &c. v. Robinson, 206 Ga. App. 782 (1) (427 SE2d 15) (1992); Bimbo Builders v. Stubbs Properties, 158 Ga. App. 280, 282 (2) (279 SE2d 730) (1981). We find no error.

Judgment affirmed.

Pope, P. J., and Blackburn, J., concur.