Florence v. Rankinwhitten Realty Co.

Gardner, Presiding Judge.

Under the authority of Robinson v. Odom, 35 Ga. App. 262 (4) (133 S. E. 53) and citations, an option for the purchase of land is a contract “for the sale of lands or any interest in or concerning them” within the meaning of the statute of frauds (Code § 20-401 (4)) and accordingly to make the obligation “binding on the promisor, the promise must be in writing, signed by the party to be charged therewith, or some person by him lawfully authorized.”

In this action to recover $400, the recited consideration for a written option agreement signed only by the executors of…