Estate of Cason Callaway, Jr. v. GarnerAnnotate this Case
Appellees Larry Garner, Sr. and Larry Garner, Jr. were minority shareholders in the Callaway Blue Springs Water Company (CBSW), a closely held corporation. The majority shareholder was Cason Callaway, Jr. In 2007, the Garners sued Callaway and his son and attorney-in-fact, Kenneth Callaway, for specific performance of an oral stock purchase agreement, alleging that the Callaways had reneged on an oral contract under which Cason Callaway, Jr. had agreed to purchase the Garners' 7,500 shares of CBSW stock. Following a bench trial, the trial court entered a detailed final order directing Callaway's estate to perform under the agreement by purchasing the stock at the agreed price of $160 per share, for a total purchase price of $1.2 million. The trial court also awarded prejudgment interest pursuant to OCGA 13-6-13 on the $1.2 million purchase price, running from the date of breach through the date of judgment. The Court of Appeals affirmed. The Supreme Court granted certiorari to determine whether OCGA 13-6-13 authorized the award of prejudgment interest on a judgment granting relief only in the form of specific performance. After review, the Court answer the question in the negative. Though the Court reversed the trial court to the extent it awarded prejudgment interest under OCGA 13-6-13, the Court remanded for a determination as to whether prejudgment interest may nonetheless be awarded in this case under OCGA 7-4-15.