26 Ga. App. 713 | Ga. Ct. App. | 1921
(After stating the foregoing facts.) Counsel for the plaintiffs and the defendant differ as to the grounds. upon which the nonsuit was based, counsel for the plaintiffs insisting that the only ground upon which the motion for a nonsuit was made and the only ground that was considered by the court was that the contract sued upon was unilateral, and counsel for the defendant insisting that it was also insisted by the defendant that the contract was not in writing as required by the statute of frauds, and falls within § 3222 of the Civil Code (1910), which is a codification of that statute. Whatever may be the fact as to this, the record shows that the statute of frauds was not properly before the trial court. It has been frequently held in this State that the ■statute of frauds must be set up in the trial court by a special
Was the contract unilateral? This expression, frequently used by the courts and the text-writers, is a contradiction in terms. A contract must have two or more parties in full accord as to all of its terms and must be binding upon all parties thereto. A writing
Judgment reversed.