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← 286 Ga. App. 166 - Durham v. McLaughlin

286 Ga. App. 166 - Durham v. McLaughlin’s Empirical Analysis

2007

Citation profile

4
cited by 4 later decisions
1
states following
June 2019
most recently cited

4 state decisions

Relationships

Relies on 260 Ga. App. 857 - Griffin v. Wallace · 274 Ga. App. 398 - Jones v. Frickey · 266 Ga. App. 104 - Butler v. Household Mortgage Services, Inc. · 258 Ga. App. 749 - Durham v. Mathis · Mathis v. Durham

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[u]nder 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.... Acceptance of an offer must be unconditional, unequivocal, and without variance of any sort; otherwise, there can be no meeting of the minds and mutual assent necessary to contract formation.”
    1 later decision quote this exact passage
  2. “Because the parties did not clearly agree on the specific terms of a settlement agreement at the pretrial conference, and since the defense later rejected and varied the terms of the plaintiffs' proposed settlement order, there was no meeting of the minds necessary for the formation of the alleged settlement agreement.”
    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.