Kelly v. Vargo

In Kelly v. Vargo, 261 Ga. 422 (405 SE2d 36) (1991), the Supreme Court refused to grant summary judgment to the plaintiff on his claim for specific performance under one of the terms of a liquidation agreement between the sole shareholders of the corporation. Id at 423. The Court held: To prevail in a suit for specific performance of a contract for the sale of land, the plaintiff must prove the value of the property so as to enable the court to determine that the contract was fair, just, and not against good conscience. Because that essential element is missing in the evidentiary materials before the trial court, summary judgment should not have been granted. Id.