Smith v. Wheeler
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| Smith v. Wheeler | |
| Court | Supreme Court of Georgia |
|---|---|
| Citation | 233 Ga. 166 210 S.E.2d 702 (1974) |
| Date decided | 1974 |
Facts
Plaintiff entered into an option contract with the defendant to be able to buy land where the consideration for the option was to be one dollar. The plaintiff never paid the dollar, but wants to enforce the contract.
Issues
Whether an option contract that is made with what seems to be nominal consideration that is not paid will be enforced.
Judgment
Judgment for the plaintiff
Rule
The option contract presents the implied promise to pay, and is completely enforceable even though the consideration is not met.
