Legal Opinion

Prior v. Hilton & Dodge Lumber Co.

Supreme Court of Georgia

Decided December 11, 1913PublishedCited by 38 opinions

Action for breach of contract. Before Judge Sheppard. McIntosh superior court. November 29, 1912. A. M. Prior brought suit against the Hilton & Dodge Lumber Company, seeking to recover damages for a breach of contract.

Read the full summary

Action for breach of contract. Before Judge Sheppard. McIntosh superior court. November 29, 1912. A. M. Prior brought suit against the Hilton & Dodge Lumber Company, seeking to recover damages for a breach of contract. The petition alleged in substance as follows: On September 14, 1908, the defendant, through its authorized agent, “offered to employ him to cut for it cypress, ash, and cottonwood timber at seven dollars ($7.00) per thousand feet, 'and pine timber at six and 50/100 dollars ($6.50) per thousand feet, from the Sams lands at Cohen’s bluff on the Savannah river, in the State of…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.) Two grounds were urged in argument to sustain the judgment dismissing the plaintiff’s petition: (1) That the contract was unilateral, lacking in mutuality, and without consideration; (2) That it was void for' Uncertainty.

1. The first contention stated was not well founded. Where for a consideration an option is given, or offer made, which it is agreed shall remain open and subject to acceptance for a specified time, the party who thus grants the right to accept during such specified time can not withdraw the right of the other party to accept or assent…

2Cases cited2 opinions

  1. Black v. MaddoxSupreme Court of Georgia · 1898
  2. Buick Motor Co. v. ThompsonSupreme Court of Georgia · 1912

3Cited by38 opinions

  1. Flewellen v. Atlanta Casualty Co.Supreme Court of Georgia · 1983
  2. Jones v. ElyCourt of Appeals of Georgia · 1957
  3. McMurray v. BatemanSupreme Court of Georgia · 1965
  4. Weill v. BrownSupreme Court of Georgia · 1944
  5. United States v. RidleyDistrict Court, N.D. Georgia · 1954

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API