National Surety Co. v. City of Atlanta
Supreme Court of Georgia
Certiorari; from Court of Appeals. 21 Ga. App. 732. The City of Atlanta brought suit against tbe National Surety Company, alleging a breach, on the part of the- defendant as guarantor, of a bond guaranteeing to tbe plaintiff tbe performance of certain obligations assumed by the Tennessee and Southeastern Coal Company under an alleged, contract between the coal company and tbe City of Atlanta, whereby tbe coal company promised to furnish and deliver to the city coal in…
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Certiorari; from Court of Appeals. 21 Ga. App. 732. The City of Atlanta brought suit against tbe National Surety Company, alleging a breach, on the part of the- defendant as guarantor, of a bond guaranteeing to tbe plaintiff tbe performance of certain obligations assumed by the Tennessee and Southeastern Coal Company under an alleged, contract between the coal company and tbe City of Atlanta, whereby tbe coal company promised to furnish and deliver to the city coal in certain car-load quantities at certain intervals during a period of 12 months. The alleged contract provided that the coal…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) The statement of facts appearing above is substantially that made by the Court of Appeals in its official report. The demurrer setting *125forth the contention that the contract was unilateral, and fixed no binding obligation upon the city, and was therefore lacking in mutuality, raised the question upon the determination of which depended the right of the plaintiff to a verdict in the ease.
We agree with the Court of Appeals that the contract in the ‘case was unilateral. The insertion in the contract of the stipulation contained in the 9th paragraph of the…
2Cases cited3 opinions
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Buick Motor Co. v. ThompsonSupreme Court of Georgia · 1912
3Cited by10 opinions
- Ford Motor Co. v. Kirkmyer Motor Co.Court of Appeals for the Fourth Circuit · 1933
- Pepsi-Cola Co. v. WrightSupreme Court of Georgia · 1939
- Beasley v. BurtSupreme Court of Georgia · 1946
- Bankers Trust & Audit Co. v. Farmers & Merchants BankSupreme Court of Georgia · 1926
- Pabian Outdoor-Aiken, Inc. v. DockeryCourt of Appeals of Georgia · 2002
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