141 Ga. 713 | Ga. | 1914
(After stating the foregoing facts.)
The third paper relied on by the plaintiff was a letter from him to the defendant, dated November 12, in which the plaintiff stated: “I beg to notify you that I am now ready to receive and pay for the 20 b/c. at 10% cents per pound round sold to me on July 2nd, 1909, f. o. b. cars Arlington, Ga. I respectfully ask that you deliver same between now and the 30th day of November.” This, letter does not purport to be an acceptance of the proposition originally made by the defendant, and could not have been an acceptance of ,sueh proposition in accordance with its terms. The defendant’s agreement was to sell cotton, to be delivered five bales in September, ten -in October, and five in November. The time for the delivery of the first two installments was past, and only five bales would have remained to be delivered, if the contract as originally proposed had been accepted and carried out. The peti
We think it is clear that these papers do not on their face show a contract of the character claimed by the plaintiff. Taking the pleadings most strongly against the pleader, the added statement of the plaintiff’s readiness and willingness to receive the cotton and offer to pay for it does not set out a distinct acceptance aside from the allegations considered, or, if so, show that it occurred before the defendant withdrew his offer.
Ag'ain, the plaintiff alleged in his amendment, that on October 2, 1909, he again offered to accept and receive from the defendant the twenty bales of cotton, which he alleged that the defendant had sold to him, as set out in the original petition, offering to pay
The petition as amended did not set out a cause of action against the defendant or state a contract which was enforceable under the statute of frauds. Accordingly, it should have been dismissed on demurrer. Judgment reversed.