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Contracts Keyed to Burton
Powell v. City of Newton
Citation:708 S.E.2d 723
The City of Newton (defendant) planned on constructing a park on land abutting Powell’s (plaintiff) property. Powell sued the City of Newton, alleging that the city’s agents had trespassed on his property. The case went to trial, during which the parties reached a settlement agreement in which Powell would get $40,000 in exchange for quitclaiming his interest in the disputed land. The parties used email to memorialize the agreement. At the same time, the City of Newton delivered $40,000 to Powell’s attorney. Powell later refused to physically sign the agreement. The City of Newton moved for a court order to require Powell to meet his obligations under their settlement agreement. Powell argued that he was not bound by the agreement because it was void under the statute of frauds. The trial court ordered that Powell execute the settlement agreement. Powell appealed.
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