Benton v. Shiver

Appellants urge that the trial court erred in not submitting its independent contract theory of recovery to the jury. Isolating this issue, the facts are that the Georgia Marble Company made an offer to Sarah Hinton Shiver to buy certain property. She in turn offered to sell such property to Benton, upon the same terms and conditions as offered by Georgia Marble. Georgia Marble’s offer provided that closing would take place by a certain date, within 60 days of acceptance but not later than July 30, 1981. Benton attempted to accept Ms. Shiver’s offer to him but stipulated inter alia, that…