Atkinson v. Cook

In Atkinson v. Cook, 271 Ga. 57, 58 (518 S.E.2d 413) (1999), the Supreme Court of Georgia held that a buyer who purported to exercise an option by sending notice via regular mail, when the contract required notice by registered mail, failed to give valid notice. However, in reaching its decision that strict compliance was required, the Supreme Court stated that there was no evidence that the seller waived his right to strict compliance with the option contract's terms or that the seller learned that the option had been purportedly exercised within the option period. The Supreme Court noted that it might have reached a different result if the seller had accepted the buyer's improper notice within the option period or if he had proceeded to a closing based on the improper notice.