Judgment affirmed. Bell, C. J., and Quillian, J., concur

1. To make an obligation concerning the sale of land binding on the promissor, the promise must be in writing and signed by the person to be charged. Code 20-401 (4). Full payment of the purchase price, or part payment accompanied by possession, validates an oral contract of sale (Code 37-802), and so does "such part performance of the contract as would render it a fraud on the party refusing to comply if the court did not compel a performance" (Code 20-402 (3)) but a part payment of the purchase price unaccompanied by possession or valuable improvements does not. Pierce v. Rush, 210 Ga. 718, 721 (82 SE2d 649); Corbin v. Durden, 210 Ga. 732 (2) (82 SE2d 866). The Uniform Commercial Code (in particular Code Ann. 109A-2--201) and Jinright v. Russell, 123 Ga. App. 706 (182 SE2d 328) based thereon are without applicability, since the subject matter of the sale in that case was personalty (a business, good will, fixtures and a stock of goods) and not, as here, real estate.

3. "Unless all the terms and conditions are agreed on, and nothing is left to future negotiations, a contract to enter into a contract in the future is of no effect . . . An agreement to reach an agreement is a contradiction in terms and imposes no obligation on the parties thereto." Wells v. H. W. Lay & Co., 96 Ga. App. 891 (1) (102 SE2d 82) cites many cases in holding that a written contract of sale stating the purchase price and the condition "purchaser to secure a first loan on said property in the sum of at least $12,500," no other details being specified, is void. "It has been universally held that such a stipulation is too indefinite to be enforceable, and the vendee may elect to rescind the contract and recover the earnest money paid under the purported contract to the agent of the vendor." Id., p. 892. See also Morgan v. Hemphill, 214 Ga. 555 (105 SE2d 580); Carner v. Brown, 120 Ga. App. 501, 502 (171 SE2d 391); Moog v. Palmour, 115 Ga. App. 602, 603 (155 SE2d 692); Hicks v. Stucki, 109 Ga. App. 723, 724 (137 SE2d 399).

  (b) None of the cases cited by the appellant leads to a different conclusion. Hart v. Doss Rubber &c. Co., 119 Ga. App. 203 (166 SE2d 601) deals with a check covering rental payments on personalty. In Clover Realty Co. v. McLeod, 124 Ga. App. 160 (183 SE2d 33) and Barto v. Hicks, 124 Ga. App. 472 (184 SE2d 188) the real estate contract was in writing and specified in detail the terms and conditions of the proposed loan upon which the transaction was made contingent.

The contract urged here is totally void because subject to the statute of frauds and because, even if in writing, it would have been too vague and indefinite to be enforceable. The plaintiff was accordingly entitled to the return of the money represented by her earnest money check, and the trial court did not err in entering summary judgment in her favor.

Hammond Johnson, Jr., Michael Casper, for appellant.

1973