JONES v. ELY

36528.

95 Ga. App. 4 (1957)

96 S.E.2d 536

JONES v. ELY.

Court of Appeals of Georgia.

Decided January 22, 1957.


Attorney(s) appearing for the Case

Louis M. Tatham, for plaintiff in error.

A. Mims Wilkinson, Jr., contra.


TOWNSEND, J.

1. For a contract to be sufficiently definite so that an action may be maintained thereon, it is necessary to show that the minds of the parties are in agreement as to the subject matter upon which it purports to operate. Code § 20-108; Barrow v. Pennington, 17 Ga.App. 481 (87 S. E. 719). An exception to this rule is that, although the original contract may be void because of uncertainty, if goods are received and retained thereunder...

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