40 Ga. App. 259 | Ga. Ct. App. | 1929
C. D. Moore brought suit in the municipal court of Atlanta against Logan Long Company, alleging: “1. That Logan Long Company, hereinafter styled defendant, is a corporation having an agent, office, and place of doing business in said State and county. 2. That defendant is indebted to your petitioner in the sum of $184.50 by reason of the facts hereinafter set forth, 3. That on or about the 23d day of October, 1924, defendant engaged in certain advertising in connection with the opening of the business of Womack Lime and Cement Company in the City of Atlanta, for the purpose of acquainting the building trade with the roofing material of defendant. 4. That defendant’s officer and agent, one Long, on said date announced to petitioner and all others present in the place of business aforesaid that sufficient roofing, not less than twenty-five squares, together with' the labor and materials for using it upon a six-room bungalow, would be given to some one meeting the conditions hereinafter stated. 5. That petitioner was thereupon given a card, which he filled out and returned to said officer and representative of defendant, as will appear from a copy hereto attached, marked Exhibit A and made a part of this petition. 6. That in a few minutes thereafter peti
It will be noted: 1. That the defendant’s name is not signed to, and does not appear in the alleged contract which is the basis oO the suit. 2. That the term "very valuable prize” in said alleged contract is indefinite. 3. That the alleged contract shows that a ;prize was to be awarded; that it constituted an offer to make a gift, and was a naked promise without valid consideration. Civil Code (1910), § 4241. 4. That the house was not built within twelve months as provided in the alleged contract. 5. That no consideration is shown for the extension of time. 6. That the extension was for two years, was not, so far as the petition discloses, in writing, involved the transfer of property valued at more than $50, and, being without consideration, violated the statute of frauds. Civil Code, § 3222 (5, 7).
The trial judge properly sustained the. general demurrer and dismissed the petition, and the judge of the superior court did not err in overruling the certiorari.
Judgment affirmed.