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217 Ga. 93

121 S.E.2d 21

Robinson v. Tate

Supreme Court of Georgia

Decided July 6, 1961

Supreme Court of Georgia · decided 1961-07-06

Key passage — most relied on by later courts

“and there is nothing more to show that the offer remained open in order to be accepted at the later date, or that the acceptance became a counter-offer accepted by the offeror, there is no valid contract upon which [an] action for specific performance can be based. . . .”

quoted by 1 later decision, including 285 Ga. App. 722 - Reny v. Sneed

Relies on Dixon v. Federal Farm Mortgage Corp. · Thompson v. Becham · 97 Ga. App. 801 - W. B. Leedy & Co. v. Shirley

Good law ✅— No negative treatment on recordhow we know

Decided 1961-07-06

How this case has been cited

Cited by 4 later decisions — most recently May 2024

4 state decisions

101961197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Duckworth, Chief Justice.

¶1 Where there was an offer to buy or sell, according to whether the purchaser or seller signed first, open until May 1, 1960, “by which time written acceptance must have been actually received by the broker, who shall promptly notify other party in writing of such acceptance,” and the acceptance on the contract is dated May 18, 1960, after the offer had expired, and there is nothing more to show that the offer remained open in order to be accepted at the later date, or that the acceptance became a counter-offer accepted by the offeror, there is no valid contract upon which this action for specific peformance can be based, and the court did not err in sustaining the demurrer and dismissing the petition, even though the petition alleges that the contract was entered into on the 1st day of May, since the pleadings with exhibits attached must be construed most strongly against the pleader. See 12 Am. Jur. 547, Contracts, § 56; Traylor, Spencer & Co. v. Brimbery, 2 Ga. App. 84 (58 SE 371); W. B. Leedy & Co., v. Shirley, 97 Ga. App. 801 (104 SE2d 580); Dixon v. Federal Farm Mortgage Corp., 187 Ga. 660 (1 SE2d 732).

¶2 Judgment affirmed.

All the Justices concur. *94 E. E. Moore, Jr., for plaintiff in error. John L. Westmoreland, John L. Westmoreland, Jr., M. K. Pentecost, Jr., Harry P. Hall, Jr., contra.
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