Weill v. Brown

Supreme Court of Georgia
Weill v. Brown, 197 Ga. 328 (Ga. 1944)
Wyatt

Weill v. Brown

Opinion of the Court

Wyatt, Justice.

We have examined the cases of Brown v. Floding, 173 Ga. 400 (160 S. E. 604), Webb v. Pullman Co., 57 Ga. App. 776 (196 S. E. 477), and Brown v. Bowman, 119 Ga. 153 (46 S. E. 410), cited by the plaintiffs in error, and find nothing in them in conflict with the rulings here made. In those cases incomplete contracts were held to be binding on the theory that sufficiently definite offers and proposals had been made by one party and acted upon by the other party, so that the incomplete contract had been made complete by the act of performance. In the cáse now under consideration the offer or proposal is so indefinite as to make it impossible for courts to determine what, if anything, was agreed *334upon, therefore rendering it impossible to determine whether there has been performance. Under the foregoing rulings, it is unnecessary to consider any of the other provisions of the contract, or to determine the validity thereof as to enforceability. There was no error in granting the injunction.

Judgment affirmed.

All the Justices concur, except Jenkins, P. J., absent on account of illness.

Reference

Full Case Name
WEILL v. BROWN
Status
Published