Legal Opinion
Royal Manufacturing Co. v. Denard & Moore Construction Co.
Court of Appeals of Georgia
Decided January 30, 1976No. 51529PublishedCited by 5 opinions
1Opinion of the Court
Deen, Presiding Judge.
1. "The consent of the parties being essential to a contract, until each has assented to all the terms the contract is incomplete. . .” Code § 20-108. While prior negotiations are merged in a completed written contract (Blount v. Freeman, 94 Ga. App. 110 (93 SE2d 820)), and while a simple informal contract, though enforceable, is considered superseded by a formal written contract signed by both parties (Rushton v. Hall & Brown Wood Working &c. Co., 26 Ga. App. 370 (1) (106 SE 196)), it does not follow that an oral contract, if it in fact has been arrived at, is merged…
2Cases cited5 opinions
- Harris v. UnderwoodSupreme Court of Georgia · 1951
- Bonie v. GriffinSupreme Court of Alabama · 1949
- WESTERN AMERICAN LIFE INSURANCE COMPANY v. HicksCourt of Appeals of Georgia · 1975
- Blount v. FreemanCourt of Appeals of Georgia · 1956
- Rushton v. Hall & Brown Woodworking Machine Co.Court of Appeals of Georgia · 1921
3Cited by5 opinions
- Turner Broadcasting System, Inc. v. McDavidCourt of Appeals of Georgia · 2010
- Stone Mountain Aviation, Inc. v. Rollins Leasing Corp.Court of Appeals of Georgia · 1985
- APAC-Southeast, Inc. v. Coastal Caisson Corp.District Court, N.D. Georgia · 2007
- B. G. Sanders & Associates, Inc. v. CastellowCourt of Appeals of Georgia · 1980
- MOUZIN BROTHERS FARMS LLC v. DOWDYDistrict Court, M.D. Georgia · 2022