Southern Wood Preserving Co. v. Strain
Court of Appeals of Georgia
Action for breach of contract; from Gordon superior court — - Judge Tarver. August 3, 1920. The Southern Wood Preserving Company sued E. E. Strain for breach of an alleged contract to furnish certain lumber to the plaintiff, which contract, the petition alleges, “is in the form of a written order placed by ” said company with said Strain and accepted by him in writing.
Read the full summary
Action for breach of contract; from Gordon superior court — - Judge Tarver. August 3, 1920. The Southern Wood Preserving Company sued E. E. Strain for breach of an alleged contract to furnish certain lumber to the plaintiff, which contract, the petition alleges, “is in the form of a written order placed by ” said company with said Strain and accepted by him in writing. The writing constituting the alleged contract is as follows: “Southern Wood Preserving Company, Creosoting and Wood Block Paving. Order. Atlanta, Ga., 10-1-17. Placed with E. E. Strain, Hill City, Ga. Please furnish us the…
1Opinion of the CourtStephens, J.
1. A request to furnish goods upon certain terms as to price, time, and place of delivery, which is accepted by the party to whom it is directed, constitutes a valid contract containing an implied promise by the party making the request to accept and pay for the goods when delivered upon the terms named, and a promise by the party accepting the offer to make deliveries upon the terms named.
2. Where, in a suit upon a contract evidenced by a written memorandum (attached to the petition as an exhibit) which does not purport to be signed by the plaintiff, there is an allegation in the petition…
2Cited by3 opinions
- Atlanta Plow Co. v. BennettCourt of Appeals of Georgia · 1934
- Columbus Bagging & Tie Co. v. Empire Mills Co.Court of Appeals of Georgia · 1928
- Lowe v. WoodsonCourt of Appeals of Georgia · 1922