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Newell Recycling of Atlanta Inc. v. Jordan Jones & Goulding Inc.

The parties' written documents lacked the element of consideration, thus the entire contract was considered in parol and the 4-year, rather than 6-year, statute of limitation applied.

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This case presents the issue of whether two letters and an enclosed document sent by Jordan Jones & Goulding, Inc. to Newell Recycling of Atlanta, Inc. constitute a contract in writing for the purpose of determining the applicable statute of limitation. If so, then Newell’s breach of contract action against Jordan Jones is timely under the six-year statute of limitation for written contracts, OCGA § 9-3-24. If the contract between Newell and Jordan Jones is part in writing and part in parol, then the four-year statute of limitation of OCGA § 9-3-25 applies, and Newell’s action is time-barred. We agree with the trial court that because the written documents do not contain all the essential components of a contract, the parties’ agreement was not a contract in writing for statute of limitation purposes. We thus affirm the trial court’s grant of summary judgment to Jordan Jones.

As the Supreme Court described them in Newell Recycling of Atlanta v. Jordan Jones & Goulding, 288 Ga. 236 703 SE2d 323 2010, the facts are as follows:

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