Plaintiff, Plato S. Rhyne, Jr., appeals from the grant of a motion to strike all three counts of his petition and the consequent dismissal of his complaint. We agree that the trial court was in error and reverse.
Rhyne contracted to purchase the home of Ramona Garfield for $90,000.00 on July 13, 1975. The covenants included a clause requiring the seller to furnish a "termite letter" and provided for payment of $1,000 earnest money and $8,000 in cash at closing, for the assumption of a $72,000 particularly described mortgage, and for the remaining 10,000 to be paid either in cash or pursuant to a five-year note to the seller. The terms of this note, as provided in the contract, were either "five equal annual payments, plus accrued interest of 8%'," or "seller to accept $1,000 - plus accrued interest the first year in lieu of the five equal payments, the balance to be paid in four equal payments plus accrued interest. First payment becoming due on September 1, 1976." There was no acceleration clause, nor were there provisions to secure the note in the contract.
Garfield's contention that the requirement of a "termite letter" rendered the contract too vague and indefinite to be enforceable is without merit. This tend's meaning and the contractors' intentions are issues of fact to be determined by the trial court. We cannot say, applying the Dillingham standard, that the plaintiff cannot show by any set of facts what the parties had in mind. Code Ann. 20-702; Paul v. Paul, 235 Ga. 382 (219 SE2d 736) (1975)
Furthermore, there is no requirement that a note must include an acceleration clause or that a note must be secured. Chewning v. Brand, supra, reversing Morris v. Yates, 226 Ga. 43 (3) (172 SE2d 428) (1970)
. These are matters of bargaining to be considered at the time of the contract.
The trial court erred in granting Garfield's motions to strike and dismissing the complaint.
Albert B. Wallace, for appellee.