Howel v. Kinney
Court of Appeals of Georgia
Action on contract; from city court of Carrollton — Judge Beall. May 11, 1920. This was a suit for an alleged breach of a contract which was as follows: “Temple, Ga., August 4th, 1919. “E. H. Howel, “Yilla Eica, Ga. “ I herewith confirm sale to you of 100 bales cotton, basis fours, nothing below fives, for last of November or December delivery, 1919, cotton 35 cents per lb., f. o. b. This contract covers 50,000 lbs. with a five per cent, variance either way.
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Action on contract; from city court of Carrollton — Judge Beall. May 11, 1920. This was a suit for an alleged breach of a contract which was as follows: “Temple, Ga., August 4th, 1919. “E. H. Howel, “Yilla Eica, Ga. “ I herewith confirm sale to you of 100 bales cotton, basis fours, nothing below fives, for last of November or December delivery, 1919, cotton 35 cents per lb., f. o. b. This contract covers 50,000 lbs. with a five per cent, variance either way. “ C. C. Kinney, “B. H. Howel.” The plaintiff, Howel, alleged in his petition that both before and after the expiration of the time of…
1Opinion of the CourtLuke, J.
(After stating the foregoing facts.) In the contract sued upon the language, “ I herewith confirm sale to you of 100 bales cotton,” clearly showed an offer to sell upon the-terms and at the time stipulated in the contract. Luke v. Livingston, 9 Ga. App. 116 (70 S. E. 596). The contract, being also signed by the buyer, showed on its face that the offer to sell had been accepted by him. It. thus became a mutually binding contract, valid under the statute of frauds, was not unilateral, and no tender of the agreed price prior to the date fixed for delivery was necessary. Terry v. International…
2Cases cited4 opinions
- Luke v. LivingstonCourt of Appeals of Georgia · 1911
- Terry v. International Cotton Co.Supreme Court of Georgia · 1911
- McGhee Cotton Co. v. HerrineCourt of Appeals of Georgia · 1912
- Jones v. FullerCourt of Appeals of Georgia · 1920
3Cited by2 opinions
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