Gettier-Montanye Inc. v. Davidson C. Co.

1. A defendant cannot raise for the first time in his brief before this court the question whether the plaintiff pursued the wrong remedy. If the plaintiff's case is subject to this criticism, the defect, if any, appears on the face of the petition. Generally, in the absence of demurrer or motion to strike, parties to litigation have the right to prove their pleadings as laid. Clark v. Bandy, 196 Ga. 546 (27 S.E.2d 17).

2. (a) In order for an answer to an offer to amount to an acceptance so as to result in a contract it must be unequivocal, unconditional and identical with the terms of the…