Cobb v. Jolley
Court of Appeals of Georgia
Action on contract; from city court of Carrollton — Judge Beall. February 12, 1920. ' The demurrer was on the ground that no cause of action was set out; tlie' judgment on the demurrer was as follows: “ It appearing to the court that this is a suit on a unilateral contract, and, according to’ the decisions of -our court, is not enforceable, therefore the general demurrer is hereby sustained and the suit dismissed. ” In the brief of counsel for the defendant it is contended…
Read the full summary
Action on contract; from city court of Carrollton — Judge Beall. February 12, 1920. ' The demurrer was on the ground that no cause of action was set out; tlie' judgment on the demurrer was as follows: “ It appearing to the court that this is a suit on a unilateral contract, and, according to’ the decisions of -our court, is not enforceable, therefore the general demurrer is hereby sustained and the suit dismissed. ” In the brief of counsel for the defendant it is contended that -if the court erred in treating the contract as unilateral, the judgment dismissing the petition was nevertheless…
1Opinion of the CourtStephens, J.
1. A contract executed by tlie payment of a sum of money — as $1 —- by one party, as a consideration- for a promise or undertak-ing by the other -party is not void for want of consideration. Southern Bell Tel. &c. Co. v. Harris, 117 Ga. 1001 (2) (44 S. E. 885).
2. The contract sued upon, as set out in the petition, is as follows: “ For the consideration of one dollar in hand paid, I hereby give W. S. Cobb ■ option on my two places known as' the Golden place and Flowers place in the 6th district of Tift county, to sell for me at $60.00 per acre net. Said places contain 440 acres, 263 acres in…
2Cases cited6 opinions
- Black v. MaddoxSupreme Court of Georgia · 1898
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- Nathans v. ArkwrightSupreme Court of Georgia · 1880
- Southern Bell Telephone & Telegraph Co. v. HarrisSupreme Court of Georgia · 1903
- Baldwin v. LessnerSupreme Court of Georgia · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jones v. SmithSupreme Court of Georgia · 1949
- Mattox v. WestSupreme Court of Georgia · 1942
- Segars v. City of CorneliaCourt of Appeals of Georgia · 1939
- Hargrett v. JolleyCourt of Appeals of Georgia · 1925