Wilson v. Martin
Court of Appeals of Georgia
Certiorari; from Rulton superior court — Judge Ellis. January 20, 1921. Thomas Wilson as landlord, through his duly authorized agent, instituted proceedings to disposssess W. O. Martin as a tenant holding over beyond his term. The tenant filed a counter-affidavit denying that his term had expired. The sole issue upon the trial was whether the lease contract between the parties, which had expired, had been renewed.
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Certiorari; from Rulton superior court — Judge Ellis. January 20, 1921. Thomas Wilson as landlord, through his duly authorized agent, instituted proceedings to disposssess W. O. Martin as a tenant holding over beyond his term. The tenant filed a counter-affidavit denying that his term had expired. The sole issue upon the trial was whether the lease contract between the parties, which had expired, had been renewed. The evidence showed that M. O. Kiser, the agent of the landlord, on June 24, 1920, made the following written communication to the defendant: “ If you wish to renew your lease for…
1Opinion of the CourtStephens, J.
1. A communication from one person to another, making inquiry as to the latter’s willingness to contract, may under the circumstances amount to an offer. Where such communication is reasonably susceptible to the construction that it amounts to an offer, and that it was intended as such by the party making it and is accepted as such by the party to whom it is made, when such acceptance is communicated to the party making the communication, and the latter remains silent and does not disclaim that such communication was an offer, such conduct of the parties is sufficient to warrant the inference…
2Cases cited1 opinion
- Hamilton & Co. v. StewartSupreme Court of Georgia · 1899
3Cited by2 opinions
- Gainesville Glass Co. v. Don Hammond, Inc.Court of Appeals of Georgia · 1981
- Pate v. Federated Mutual InsuranceCourt of Appeals of Georgia · 1984