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Whitmire v. Watkins

Supreme Court of Georgia

April 8, 1980

WHITMIRE
v.
WATKINS et al.

Argued Jan. 16, 1980.

Rehearing Denied April 29, 1980.

Page 7

Johnson & Fain, Don W. Johnson, E. C. Tutwiler, Dalton, foR [245 Ga. 715] appellant.

Wiggins & Patty, Clifton M. Patty, Jr., Ringgold, Glover & Davis, J. Littleton Glover, William E. Anderson, Newnan, William H. Major, Patrick L. Swindall, Atlanta, for appellees.

JORDAN, Presiding Justice.

On May 26, 1977, A. J. Whitmire, the appellant, filed his complaint in the Whitfield Superior Court seeking specific performance of a contract between himself and R. Lee and Lillie Mae Whitmire whereby the latter two allegedly agreed to devise certain land to the appellant in return for the appellant's performance of services.

The following undisputed facts were established at trial: The appellant lived with his brother, R. Lee Whitmire, and his brother's wife, Lillie Mae Whitmire, from 1923 until 1929. R. Lee Whitmire bought the contested land in 1925. During the years 1923-1929, the appellant performed a variety of services for R. Lee and Lillie Mae Whitmire. In 1944, and in the presence of Lillie Mae Whitmire, R. Lee Whitmire told the appellant that "when we're gone, this (land) is yours."

The record also reveals that the appellant failed to introduce any evidence that he had either taken possession of, or made valuable improvements upon, the land.

Following the close of the appellant's case-in-chief, [245 Ga. 714] the trial court directed a verdict in favor of Stanley Watkins, the administrator of the estate of Lillie Mae ...


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