Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
(Code 1933, § 109A-2 - 206, enacted by Ga. L. 1962, p. 156, § 1.)
Law reviews.- For comment on Fender v. Colonial Stores, Inc., 138 Ga. App. 31, 225 S.E.2d 691 (1976), see 28 Mercer L. Rev. 751 (1977). For comment, "Boats Against the Current: the Courts and the Statute of Frauds," see 47 Emory L.J. 253 (1998).
JUDICIAL DECISIONS
Cited in Duval & Co. v. Malcom, 233 Ga. 784, 214 S.E.2d 356 (1975); Fender v. Colonial Stores, Inc., 138 Ga. App. 31, 225 S.E.2d 691 (1976); Marvin L. Walker & Assocs. v. A.L. Buschman, Inc., 147 Ga. App. 851, 250 S.E.2d 532 (1978).
RESEARCH REFERENCES
Am. Jur. 2d.
- 67 Am. Jur. 2d, Sales, §§ 140-152.
6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:38.
C.J.S.- 77A C.J.S., Sales, § 29 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 2-206.
ALR.
- Acceptance of offer with condition which law would imply, 1 A.L.R. 1508.
Acknowledging receipt of order for goods as an acceptance completing the contract, 10 A.L.R. 683.
Acting on order for goods as an acceptance thereof, 19 A.L.R. 476; 29 A.L.R. 1352.
Time when offer or proposition is mailed, or when it is received through mail, as commencement of period allowed for acceptance, 72 A.L.R. 1214.
Silence when offer is made or failure to reject it as an acceptance which will consummate a bilateral contract, 77 A.L.R. 1141.
Construction and application of UCC § 2-201(3)(c) rendering contract of sale enforceable notwithstanding statute of frauds with respect to goods for which payment has been made and accepted or which have been received and accepted, 97 A.L.R.3d 908.