Evans v. Atlanta Paper Co.
Court of Appeals of Georgia
Action for breach of contract; from city court of Atlanta— Judge Reid. April 14-, 1917. A. J. Evans brought suit against the Atlanta Paper Company, alleging that the defendant had made with him a contract to furnish him 100,000 corrugated shipping-cases; and that the contract was represented by an order from plaintiff to defendant, dated Eeb. 4, 1916, and by acceptance of .said order by the defendant, which acceptance was evidenced by two letters, the first of which was…
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Action for breach of contract; from city court of Atlanta— Judge Reid. April 14-, 1917. A. J. Evans brought suit against the Atlanta Paper Company, alleging that the defendant had made with him a contract to furnish him 100,000 corrugated shipping-cases; and that the contract was represented by an order from plaintiff to defendant, dated Eeb. 4, 1916, and by acceptance of .said order by the defendant, which acceptance was evidenced by two letters, the first of which was written to Evans on Eeb. 9, 1916, -by Rosenberg; the agent of defendant, and the second was written by defendant to Evans on…
1Opinion of the CourtHarwell, J.
The controlling questions in this case are, (1) whether the writings attached to the petition as exhibits, consist*117ing. of plaintiff’s offer and the two letters written him by the defendant and its agent, sufficiently evidenced in writing a complete contract between the parties; and (2) whether the letters written by defendant to plaintiff were sufficient to lull the latter into the belief that the defendant would fill the order, and thereby estop the defendant from denying that such a contract existed.
1. While a contract can be made by correspondence through mail as well as when the parties…
2Cases cited10 opinions
- Manier & Co. v. ApplingSupreme Court of Alabama · 1896
- Central Railroad & Banking Co. v. RobertsonSupreme Court of Georgia · 1895
- Courtney Shoe Co. v. E. W. Curd & SonCourt of Appeals of Kentucky · 1911
- Cable Co. v. HancockCourt of Appeals of Georgia · 1907
- Van Kauren v. Boomer & Boschert Press Co.Appellate Division of the Supreme Court of the State of New York · 1911
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3Cited by5 opinions
- Gainesville Glass Co. v. Don Hammond, Inc.Court of Appeals of Georgia · 1981
- Weems v. Albert Pick & Co.Court of Appeals of Georgia · 1925
- Armor Insulating Co. v. National Gypsum Co.Court of Appeals of Georgia · 1944
- Stapleton v. Muscogee Guano Co.Court of Appeals of Georgia · 1922
- Steverson v. BancroftCourt of Appeals of Georgia · 1920