Sturdivant v. Walker

Jenkins, Chief Justice.

1. “Three elements are essential to a contract of sale: 1. An identification of the thing sold. 2. An agreement as to the price to be paid. 3. Consent of the parties.” Code, § 96-101.

2. While that is certain which can be made certain, still the basis for rendering certain that which by the terms of the contract is uncertain must be afforded by the agreement. Friedlander v. Schloss Bros. & Co., 43 Ga. App. 646 (3) (159 S. E. 870).

3. Actual possession by the purchaser of the property which was the subject-matter of the sale in the writing here under consideration was…