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Jones v. Frickey6/21/2005
the same time, upon the same subject matter, and in the same sense.
(Citations and punctuation omitted.) Wilkins v. Butler, 187 Ga. App. 84, 85 (369 SE2d 267) (1988). Thus, " n answer to an offer will not amount to an acceptance, so as to result in a contract, unless it is unconditional and identical with the terms of the offer. To constitute a contract, the offer must be accepted unequivocally and without variance of any sort." (Citations and punctuation omitted.) Herring v. Dunning, 213 Ga. App. 695, 698 (446 SE2d 199) (1994). As we have held, a purported acceptance of a settlement offer which imposes conditions or otherwise varies the offer will be construed as a counteroffer to the offer. Id. See also Auto-Owners Ins. Co. v. Crawford, 240 Ga. App. 748, 750 (1) (525 SE2d 118) (1999) (an oral settlement agreement must satisfy the same requisites of formation and enforceability as any other contract; meeting of the minds and mutual assent can be found only where the acceptance of an offer was unconditional, unequivocal, and without variance of any sort).
In this case, the undisputed evidence did not establish that State Farm responded to Jones' June 18, 2003 written offer in the manner required to constitute an acceptance. Further, the evidence did not establish as a matter of law that Jones responded to State Farm's October 20, 2003 written offer, its November 18, 2003 tender, or its December 2, 2003 written offer in the manner required to constitute an acceptance. Because the undisputed evidence did not establish the existence and terms of an agreement to settle Jones' case, the trial court erred in granting Frickey's motion to enforce a settlement agreement. Craig v. Holsey, 264 Ga. App. at 345-346 (2); Auto-Owners Ins. Co. v. Crawford, 240 Ga. App. at 750 (1).
Judgment reversed. Smith, P. J., and Adams, J., concur.
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