LS then obtained a survey, concluded that Ms. Burns requested LS to convey title to the land. After paying the final installments in 1998, Ms. She then had the pavilion constructed on land which she later testified was part of the same property shown to her by Simmons. Burns obtained permission from LS to build a pavilion on the property which she was purchasing, title to which was still in LS's name.
In 1994, prior to completing her payments on the contracts, Ms. However, neither party procured a survey, even though LS later informed Ms. Under the terms of the contracts, the buyer and the seller were to obtain a survey and share the expense equally. The contracts did not provide an *528 exact legal description of the land, although they did state a definite quantity of land and furnished sufficient keys to its location by means of attached plats. Burns and her cousin the property that was being sold. Simmons, who is LS's President, showed Ms. Mildred Burns entered into two installment contracts for the purchase of 15 acres of land from L.S. Neal Henry Howard, William Dixon Howard, PC, Atlanta, for appellant.Įdward Francis Danowitz, Atlanta, for appellee.