Peck v. Precision Machine Co.
Court of Appeals of Georgia
Action on guaranty; from city court of Atlanta—Judge Keid. June 24, 1916.
1Opinion of the CourtJenkins, J.
1. Where an instrument does not express an absolute and present guaranty, but its import is merely to carry an offer or proposal of such a guaranty, the contract is not complete until the minds of the parties have met by acceptance of the offer. Sanders v. Etcherson, 36 Ga. 405; 409; Barnes Cycle Co. v. Schofield, 111 Ga. 880 (36 S. E. 965). But where the undertaking of guaranty sued on recites that it is made in accordance with the request of the party extending the credit, and it amounts to an absolute promise to become responsible in a stated sum, then the mere extension of the ^credit…
2Cases cited6 opinions
- Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
- Williams Valve Co. v. AmorousCourt of Appeals of Georgia · 1917
- Sheppard v. Daniel Miller Co.Court of Appeals of Georgia · 1910
- Carson v. Hurst & Co.Supreme Court of Georgia · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hartsfield Co. v. ShoafSupreme Court of Georgia · 1937
- Wehle v. BakerCourt of Appeals of Georgia · 1958
- Guggenheimer & Co. v. GilmoreCourt of Appeals of Georgia · 1923
- National Surety Co. v. City of AtlantaCourt of Appeals of Georgia · 1920
- Polk v. SlatonCourt of Appeals of Georgia · 1936
3 more not listed; retrieve them via the Exa API.