Prior v. Hilton & Dodge Lumber Co.

• Decision Date: 11 December 1913
• Citation: 80 S.E. 559,141 Ga. 117
• Parties: PRIOR v. HILTON & DODGE LUMBER CO.
• Court: Georgia Supreme Court

80 S.E. 559

141 Ga. 117

PRIOR v. HILTON & DODGE LUMBER CO.

Supreme Court of Georgia

December 11, 1913

Syllabus by the Court.

If two parties contract upon a consideration that an option given or offer made by one to the other shall remain open and subject to the acceptance of the latter until a stated time, this makes a binding contract to that effect. But a mere proposition or offer, based on no consideration though continuing in character, or though stated to be subject to acceptance until a given time, may be withdrawn before actual acceptance or assent thereto by the other party.

(a) Although a continuing offer may be withdrawn before acceptance, if it is accepted before it is withdrawn or terminates, a contract results.

A petition alleged that the defendant offered to employ the plaintiff "to cut for it cypress, ash and cottonwood timber at seven dollars ($7.00) per thousand feet, and pine timber at six and 50/100 dollars ($6.50) per thousand feet from the Sams lands at Cohen's bluff on the Savannah river, in the state of Georgia, and to rent to him ox teams to haul said timber at twenty-five cents per yoke per day and timber carts at twenty-five cents each per day, which said offer was to remain open until the 22d day of September 1908." It was further alleged that, on the 21st day of September thereafter, the plaintiff accepted this offer, but that the defendant refused to allow him to perform the contract. Held, that the contract sought to be enforced was too uncertain and indefinite to furnish a basis for the recovery of damages for its breach on the ground that the plaintiff had lost profits which he would have derived from its performance.

Error from Superior Court, McIntosh County; W. W. Sheppard, Judge.

Action by A. M. Prior against the Hilton & Dodge Lumber Company. Judgment for defendant, and plaintiff brings error. Affirmed.

A. M. Prior brought suit against the Hilton & Dodge Lumber Company seeking to recover damages for a breach of contract. The petition alleged in substance as follows: On September 14 1908, the defendant, through its authorized agent, "offered to employ him to cut for it cypress, ash and cottonwood timber at seven dollars ($7.00) per thousand feet, and pine timber at six and 50/100 dollars ($6.50) per thousand feet, from the Sams lands at Cohen's bluff on the Savannah river, in the state of Georgia, and to rent to him ox teams to haul said timber at twenty-five cents per yoke per day, and timber carts at twenty-five cents each per day, which said offer was to remain open until the 22d day of September, 1908." At the instance of the defendant's agent, the plaintiff went to the land and examined it, and returned to Savannah and notified the defendant on the 21st day of September, 1908, that he accepted its offer as above made to him. When he did so, the defendant refused to allow him to perform the contract, alleging as a reason therefor that it had already made a contract with another party to cut the timber. He expended the sum of $33 to examine the tract of land and the timber thereon, preparatory to accepting the offer thus made to him. There was on the tract of land at least a half million feet of cypress, ash, and cottonwood timber and at least a half million feet of pine timber, and the reasonable profit which the plaintiff would have made, if he had not been prevented by the defendant from carrying out his contract, would have been $3 per thousand feet, aggregating $3,033. On general demurrer the court dismissed the action, and the plaintiff excepted.

Geo. W. Owens, of Savannah, for plaintiff in error.

P. W. Meldrim, of Savannah, for defendant in error.

LUMPKIN, J. (after stating the facts as above).

Two grounds were urged in argument to sustain the judgment dismissing the plaintiff's petition: (1) That the contract was...