
    WEILL et al v. BROWN
    No. 14733.
    January 6, 1944.
    Rehearing denied February 11, 1944.
    
      
      Joe J. Fine, Albert E. Mayer, and John T. Dennis, for plaintiffs in error.
    
      Dudley Gooh, Hugh Burgess, and MacDougald, Troutman & Arkwright, contra.
   Wyatt, Justice.

We have examined the cases of Brown v. Floding, 173 Ga. 400 (160 S. E. 604), Webb v. Pullman Co., 57 Ga. App. 776 (196 S. E. 477), and Brown v. Bowman, 119 Ga. 153 (46 S. E. 410), cited by the plaintiffs in error, and find nothing in them in conflict with the rulings here made. In those cases incomplete contracts were held to be binding on the theory that sufficiently definite offers and proposals had been made by one party and acted upon by the other party, so that the incomplete contract had been made complete by the act of performance. In the cáse now under consideration the offer or proposal is so indefinite as to make it impossible for courts to determine what, if anything, was agreed upon, therefore rendering it impossible to determine whether there has been performance. Under the foregoing rulings, it is unnecessary to consider any of the other provisions of the contract, or to determine the validity thereof as to enforceability. There was no error in granting the injunction.

Judgment affirmed.

All the Justices concur, except Jenkins, P. J., absent on account of illness.  