Robinson v. Welleb

• Decision Date: 19 December 1888
• Parties: Robinson v. Welleb.
• Court: Georgia Supreme Court

8 S.E. 447

(81 Ga. 704)

Robinson

v.Welleb.

Supreme Court of Georgia

December 19, 1888

1. Contract—Construction—Acceptance.

Defendant, living in Chattanooga, Tenn., advertised a lot for sale. Plaintiff, living in Rome, Ga., wrote defendant, inquiring the price, to which she replied, giving her terms, one-third cash and the remainder on time. Plaintiff replied from Rome by telegram: "Offer accepted. Money ready; send deeds at once. " Held, that defendant's offer meant that the cash was to be paid to her, and the deeds delivered at Chattanooga, and that plaintiff's telegram was therefore not an unconditional acceptance, and did not bind defendant.

2. Same—Withdrawal of Offer.

Defendant, after receipt of the telegram, wrote plaintiff that she was sorry to write him, hut that just after sending him the letter containing her terms she had received a better offer. Held, that, even if this letter indicated that she thought she had made a binding contract with plaintiff, it did not prevent her from taking advantage of the insufficiency of the acceptance.

Error from superior court, Floyd county; Maddox, Judge.

Action for breach of contract to convey land, brought by Thomas L. Robinson against Mrs. G. A. Weller. The court ordered a nonsuit, and plaintiff brings error.

Junius F. Hillyer and C. N. Featherston, for plaintiff in error. Reese & Denny, for defendant in error.

Simmons, J. Robinson sued Mrs. Weller for damages sustained by breach of contract by the defendant to sell him a certain house and lot in Rome, Ga., the alleged contract consisting of the following advertisement, telegram, and letters: (1) Newspaper advertisement: "For Sale. My place in East Rome, corner of Howard avenue and E. T. R. R., adjoining Mr. H. B. Park. For price, address me at 851 Montgomery avenue, Chattanooga, Tenn. Mrs. G. A. Weller. Mch. 3, dtf. " (2) Postal-card addressed to Mrs. G. A. Weller, 351 Montgomery avenue, Chattanooga, Tenn., as follows: "Rome, Ga., March 3rd, 1887. You will please quote me your lowest cash figure, one-third cash, balance in twelve and eighteen months' time, on lot adjoining Park, East Rome, and advertised in Morning Courier. An early reply will oblige Yours, respectfully, [Signed] Thos. L. Robinson. Box 93. " (3) Letter from Mrs. Georgia Weller: "Chattanooga, Tenn. Mr. Thos. L. Robinson—Sir: I received your card, with four others asking the same question. In reply, I ask $2,000 for my place, one-third cash, the balance in twelve and eighteen months, with legal interest on it. Respectfully, [Signed] Georgia Weller. " (4) Telegram from Robinson to Mrs. Weller: "Rome, Ga., March 7th, 1887. Mrs. Georgia Weller, 351 Montgomery Ave.: Offer accepted. Money ready; send deeds at once. [Signed] Thos. L. Robinson. " (5) Letter from Robinson to Mrs. Weller of same date as above telegram: "Rome, Ga., March 17th, 1887. Mrs. Georgia Weller, Chattanooga, Tenn. —Dear Madam: Your letter just received offering me your house and lot in East Rome at $2,000, one-third cash, one-third in twelve months, and one-third in eighteen months, with legal interest on the time payments. I wired you this a. m., 'Offer accepted. Money ready; send deed at once. ' I am prepared to make the necessary papers, and would be pleased to have deeds come forward promptly. This price seems a little full, and perhaps you would prefer to discount it slightly, and get a cash payment in full for the place. If so, let me know, and I think I can arrange it. Yours, truly, [Signed] Thos. L. Robinson. " The above advertisement and correspondence were introduced in evidence, and also the following letter from Mrs. Weller: "Chattanooga, Tenn., March 8th. Mr. Thos. L. Robinson—Sir: I am sorry to write you, but just after writing you I received a better offer. I have not accepted any offer yet. I received three telegrams to-day. Respt., Mrs. Weller. " With this evidence the testimony for the plaintiff closed. The defendant demurred to this evidence, and moved for...