Gates v. Freeman & Reeves
| Decision Date | 23 July 1912 |
| Docket Number | 4,050. |
| Parties | GATES v. FREEMAN & REEVES. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The contract sued upon was not unilateral, but was mutually binding, unconditional, explicit, and complete as to its terms. The demurrer on the ground that the contract was unilateral was therefore properly overruled.
Where an executory contract for the sale and delivery of property specifies the property to be delivered, the price to be paid, and the place and time for delivery, no demand by the purchaser for performance by the seller is necessary before suit is brought to recover damages for breach of the contract by the seller. McNamara v. Georgia Cotton Co., 10 Ga.App. 669, 73 S.E. 1092.
There was no error in striking the amendment to the plea, as it was an attempt to vary the unconditional terms of the contract by parol.
The evidence demanded the verdict, and any error of law was immaterial.
Error from City Court of Greenville; H. H. Revill, Judge.
Action by Freeman & Reeves against Henry Gates. Judgment for plaintiffs, and defendant brings error. Affirmed.
N. F. Culpepper, of Greenville, for plaintiff in error.
McLaughlin, Jones & Jones, of Greenville, for defendants in error.
Judgment affirmed.
To continue reading
Request your trial