Legal Opinion

Fruit Dispatch Co. v. Petropol

Court of Appeals of Georgia

Decided November 2, 1920No. 11387PublishedCited by 3 opinions

Complaint; from Clarke superior court — Judge Cobb. February 24, 1920.

1Opinion of the CourtJenkins, P. J.

1. An offer to purchase which contemplates acceptance by shipment of the goods affords the basis of a binding contract only when the proposal is accepted during the time in which it remains outstanding. Sheffield v. Whitfield, 6 Ga. App. 762 (2), (65 S. E. 807); Sivell v. Hogan, 119 Ga. 167, 172 (46 S. E. 67). In this case the jury were authorized to find, from the evidence, that the defendant’s offer to buy was withdrawn prior to the time that the plaintiff performed any act which would amount to an acceptance on its part.

2. The “uniform conditions governing sales” by the plaintiff as…

2Cases cited7 opinions

  1. Cowdery v. GreenleeSupreme Court of Georgia · 1906
  2. Fenn v. Ware & OwensSupreme Court of Georgia · 1897
  3. Sivell v. HoganSupreme Court of Georgia · 1903
  4. Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
  5. Tuggle v. Green & SonsSupreme Court of Georgia · 1920

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Globe & Rutgers Fire Insurance v. Atlantic & Gulf Shipping Co.Court of Appeals of Georgia · 1935
  2. Broyles v. HaasCourt of Appeals of Georgia · 1935
  3. In re HartleyDistrict Court, M.D. Georgia · 1929

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