National Surety Co. v. City of Atlanta
Court of Appeals of Georgia
(Certiorari was granted by the Supreme Court.) Action on bond; from city court of Atlanta—Judge Reid. March 29, 1919. The City of Atlanta brought suit against the National Surety Company, alleging a breach by the defendant of a bond guaranteeing to the plaintiff the performance of certain obligations assumed by the Tennessee & Southeastern Coal Company under an alleged contract between the coal company and the City of Atlanta, whereby the coal company promised to furnish and…
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(Certiorari was granted by the Supreme Court.) Action on bond; from city court of Atlanta—Judge Reid. March 29, 1919. The City of Atlanta brought suit against the National Surety Company, alleging a breach by the defendant of a bond guaranteeing to the plaintiff the performance of certain obligations assumed by the Tennessee & Southeastern Coal Company under an alleged contract between the coal company and the City of Atlanta, whereby the coal company promised to furnish and deliver coal to the city in certain carload quantities at certain intervals during a period of 12 months. The alleged…
1Opinion of the CourtStephens, J.
(After stating the foregoing facts.)
Was there a contract between the parties as set out in either count of the petition? If there was no contract, there was no breach of the bond given to guarantee the performance of the contract.
*7341. The alleged contract which was attached to the petition contained promises and obligations on the part of the coal company, but did not contain any executed consideration or promise or undertaking on the part of the city. It purported to be a bilateral contract, i. e. a contract executory on both sides. The city not being obligated to the performance of any…
Also in this document: Concurrence.
2Cases cited2 opinions
- Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
- Peck v. Precision Machine Co.Court of Appeals of Georgia · 1917
3Cited by4 opinions
- Satellite Syndicated Systems, Inc. v. HendersonCourt of Appeals of Georgia · 1982
- City of Atlanta v. BoydCourt of Appeals of Georgia · 1922
- National Surety Co. v. City of AtlantaCourt of Appeals of Georgia · 1921
- Smith v. KnightCourt of Appeals of Georgia · 1947