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.