233 Ga. App. 645 - Tekin v. Whiddon’s Empirical Analysis
1998
Citation profile
6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently September 2010
6 state decisions
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.
Relationships
Relies on Brumbelow v. Northern Propane Gas Co. · 213 Ga. App. 695 - Herring v. Dunning · 209 Ga. App. 441 - Bellsouth Advertising & Publishing Corp. v. McCollum · Southern Medical Corp. v. Liberty Mutual Insurance · 185 Ga. App. 828 - LeCroy v. Massey
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Georgia law, an agreement alleged to be in settlement and compromise of a pending lawsuit must meet the same requisites of formation and enforceability as any other contract. In this regard, it is well settled that an agreement between two parties will occur only when the minds of the parties meet at the same time, upon the same subject matter, and in the same sense. ... If there was in fact any essential part of the contract upon which the minds of the parties had not met, or upon which there was not an agreement it must follow that a valid and binding contract was not made. 6”
1 later decision quote this exact passagee.g. Thomas v. Phillips“An oral settlement agreement must be definite, certain and unambiguous. For such an agreement to be binding on the parties!,] it should be clear that it is full and complete, covers all issues, and is understood by all litigants concerned. ... [I] t is well settled that an agreement between two parties will occur only when the minds of the parties meet at the same time, upon the same subject matter, and in the same sense. ... In order that there may be an agree ment, the parties must have a distinct intention common to both and without doubt or difference.”
1 later decision quote this exact passage“‘A meeting of the minds is the first requirement of the law relative to contracts.’ (Citation and punctuation omitted). Simmons v. McBride, 228 Ga.App. at 753, 492 S.E.2d 738 . See OCGA § 13-3-2. ‘(I)f there was in fact an essential part of the contract upon which the minds of the parties had not met, or upon which there was not an agreement it must follow than a valid and binding contract was not made.’ (Citations and punctuation omitted). BellSouth Advertising, etc., Corp. v. McCollum, 209 Ga.App. 441, 445 (2) 433 S.E.2d 437 (1993).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.