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BENTON v. SHIVER

41616, 41617.

254 Ga. 107 (1985)

326 S.E.2d 756

BENTON et al. v. SHIVER et al.; and vice versa.

Supreme Court of Georgia.

Decided March 14, 1985.

Attorney(s) appearing for the Case

Glover & Davis, J. Littleton Glover, Jr., Jack T. Camp, Miller, Simpson & Tatum, John B. Miller, for appellants.

Hansell & Post, Gary W. Hatch, Jule W. Felton, Jr., Greene, Buckley, DeRieux & Jones, Ferdinand Buckley, John D. Jones, Berry & McCallar, C. James McCallar, Jr., Beckmann & Pinson, Luhr G. C. Beckmann, Jr., for appellees.

PER CURIAM.

Appellants urge that the trial court erred in not submitting its independent contract theory of recovery to the jury. Isolating this issue, the facts are that the Georgia Marble Company made an offer to Sarah Hinton Shiver to buy certain property. She in turn offered to sell such property to Benton, upon the same terms and conditions as offered by Georgia Marble. Georgia Marble's offer provided that closing would take place by a certain date, within 60...

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