Wilkerson v. Patton Sash, Door & Bldg. Co.

• Court: Georgia Court of Appeals
• Writing for the Court: HILL, C.J.
• Citation: Wilkerson v. Patton Sash, Door & Bldg. Co., 10 Ga.App. 697, 73 S.E. 1088, 3,757. (Ga. App. Mar 06, 1912)
• Docket Number: 3,757.
• Decision Date: 06 March 1912
• Parties: WILKERSON v. PATTON SASH, DOOR & BUILDING CO.

73 S.E. 1088

10 Ga.App. 697

WILKERSON v. PATTON SASH, DOOR & BUILDING CO.

No. 3,757.

Court of Appeals of Georgia

March 6, 1912

Syllabus by the Court.

Where one party to an alleged contract for "the sale of goods wares, or merchandise" relies upon a written memorandum to show compliance with the statute of frauds, the memorandum must show all the terms of the contract, and that both parties thereto assented to those terms. Borum v Swift, 125 Ga. 202, 53 S.E. 608; Clark on Contracts, 83.

An acceptance of a written offer relating to a subject-matter within the statute of frauds must itself be in writing, in order to make a contract mutually binding. Pope & Fleming v. Graniteville Mfg. Co., 1 Ga.App. 176, 57 S.E. 949.

The alleged contract on which the suit is based consists of a written proposal or offer to buy certain described personal property at a specified price, and the allegations of the petition show that this written offer was withdrawn before acceptance or part performance by the proposed seller. The offer, therefore, never became a complete contract, and the court properly dismissed the petition on demurrer. Oak City Co. v. Kennedy Co., 4 Ga.App. 344, 61 S.E. 499; Sivell v. Hogan, 119 Ga. 167, 46 S.E. 67; 9 Cyc 284.

Error from City Court of Floyd County; John H. Reece, Judge.

Action between C. L. Wilkerson and the Patton Sash, Door & Building Company. From the judgment, Wilkerson brings error. Affirmed.

W. J....