Electric Paint & Varnish Co. v. Lunsford

In my opinion the judgment of the court below should be affirmed. When the case was previously dealt with by this court, it seems to have been merely assumed that the instrument sued on was a contract, and not simply an offer of purchase made to a traveling salesman. The former decision in 46 Ga. App. 536, while assuming that there was a contract, did not undertake to construe the instrument as such. On the second trial it was specifically set forth by the amended plea that the offer signed by the defendant was not a binding contract of purchase and *846sale, but was an instrument containing…