Legal Opinion
Jones v. Ely
Court of Appeals of Georgia
Decided January 22, 1957No. 36528PublishedCited by 37 opinions
1Opinion of the CourtTownsend, J.
1. For a contract to be sufficiently definite so that an action may be maintained thereon, it is necessary to show that the minds of the parties are in agreement as to the subject matter upon which it purports to operate. Code § 20-108; Barrow v. Pennington, 17 Ga. App. 481 (87 S. E. 719). An exception to this rule is that, although the original contract may be void because of uncertainty, if goods are received and retained thereunder, the original defect becomes immaterial. National Grocery Co. v. Gee Go Wonder Soap Co., 30 Ga. App. 751 (119 S. E. 423); Weill v. Brown, 197 Ga. 328, 333 (29…
2Cases cited11 opinions
- Prior v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1913
- Weill v. BrownSupreme Court of Georgia · 1944
- Shubert v. SpeirSupreme Court of Georgia · 1946
- Mosteller v. MashburnCourt of Appeals of Georgia · 1940
- Hartwell Grocery Co. v. Mountain City Mill Co.Court of Appeals of Georgia · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Milton Frank Allen Publications, Inc. v. Georgia Ass'n of Petroleum Retailers, Inc.Supreme Court of Georgia · 1964
- Southern Airways Co. v. DeKalb CountyCourt of Appeals of Georgia · 1960
- Fonda Corp. v. Southern Sprinkler Co.Court of Appeals of Georgia · 1977
- Builder's Supply Corp. v. TaylorCourt of Appeals of Georgia · 1982
- Donaldson v. Olympic Health Spa, Inc.Court of Appeals of Georgia · 1985
32 more not listed; retrieve them via the Exa API.