Friedman v. Ware
Court of Appeals of Georgia
Complaint; from municipal court of Atlanta. December 24, 1914. Ware & Harper sued J. H. Friedman for $70.50, as commission on the sale of the business referred to in a written contract, which was as follows: “For value received, I hereby appoint Ware & Harper as my only authorized agent to sell or otherwise negotiate my business proposition, — fancy groceries, located at No. 80 Capitol Avenue, City, — part or all, at the price and terms this day furnished them together with…
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Complaint; from municipal court of Atlanta. December 24, 1914. Ware & Harper sued J. H. Friedman for $70.50, as commission on the sale of the business referred to in a written contract, which was as follows: “For value received, I hereby appoint Ware & Harper as my only authorized agent to sell or otherwise negotiate my business proposition, — fancy groceries, located at No. 80 Capitol Avenue, City, — part or all, at the price and terms this day furnished them together with a description and details, or at any other price and on any terms to which I may hereafter agree, and this contract…
1Opinion of the CourtWade, J.
1. The contract sued on was unilateral and non-enforceable. In it the owner appointed agents and authorized them to sell his property, agreeing to pay a certain per'centum for the service, if the property should he sold by himself, or by the said agents, or by any one else, within 60 days from the date of the contract. The agents did not therein undertake to make a sale of the property, or even to attempt to negotiate such a sale, or to do anything whatsoever for the other party to the contract. “Where mutual promises are relied upon as a consideration to support a contract, the obligations…
2Cases cited30 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Green v. ColeSupreme Court of Missouri · 1890
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
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3Cited by3 opinions
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
- Waller v. Martin-Senour Co.Court of Appeals of Georgia · 1932
- Smith v. KnightCourt of Appeals of Georgia · 1947