Undercofler, Justice.
Curtis T. Stevens filed a complaint in the Superior Court of Fulton County against Mary Ann Stevens seeking specific performance of a contract for the sale of land. The record shows that Curtis T. Stevens had been negotiating with the defendant for the purchase of this land. The defendant testified that she had written her attorney about the sale of this property, that he telephoned her and told her he had received her letter, that he had "talked to them” and that Curtis Stevens did want the property. On April 9, 1964, the attorney for the defendant wrote a letter to the plaintiff’s attorney which stated: "Re: Estate of J. Robert Stevens ... I am authorized by Mrs. Stevens to agree to sell to the Stevens family all of her interest in the estate of J. Robert Stevens for $10,500 and we will give you a reasonable length of time in which to raise the money. I think the deed should be a limited warranty deed and believe that your firm should prepare it. We will affix the documentary stamps and will pay all taxes through 1963.” A copy of this letter was forwarded to the defendant by her attorney. Curtis T. Stevens, a brother of J. Robert Stevens, on June 29, 1964, through his attorney tendered his check for $10,500 and a limited warranty deed to the defendant’s attorney. The letter transmitting the check and the limited warranty deed stated: "The taxes and insurance on this property will be prorated as of the date of closing.” The defendant’s attorney forwarded the check and limited warranty deed to her for execution. On July 6, 1964, he advised the plaintiff’s attorney by letter that his client had written him stating that she was leaving on vacation the day she received the deed and check and would leave them in her bank box. On September 15, 1964, the defendant informed her attorney that she "had changed her mind” about selling the property. The defendant did not plead the Statute of Frauds.
The jury returned a verdict for the plaintiff and a judgment was entered thereon. The defendant appeals. Held:
1. The appellant contends that the court erred in overruling the general demurrer to the petition which was treated as a motion [411]*411to dismiss under the Civil Practice Act.
"The Civil Practice Act of 1966 (Ga. L. 1966, p. 609; Code Ann. § 81A-108 (a)) has eliminated issue pleading and substituted notice pleading. See Reynolds v. Reynolds, 217 Ga. 234, 246 (3) (123 SE2d 115). '. . . [A] motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. If, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff, the complaint is sufficient.’ 2A Moore’s Federal Practice, § 8.13, p. 1706.” Bourn v. Herring, 225 Ga. 67 (3) (166 SE2d 89).
The complaint in this case was sufficient to withstand the appellant’s motion to dismiss.
2. The appellant contends that the trial court erred in failing to grant her motion for nonsuit at the conclusion of the appellee’s evidence.
The Civil Practice Act (Ga. L. 1966, pp. 609, 687; 1967, pp. 226, 242, 243, 246, 247, 249; Code Ann. § 81A-201) specifically repealed Code §110-310 which provided when nonsuits could be granted. The Civil Practice Act also provides: "This Title shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law, but, in any event, the provisions of this Title governing the sufficiency of pleadings; defenses; amendments; counterclaims; cross-claims; third-party practice; joinder of parties and causes; making parties; discovery and depositions; interpleader; intervention; evidence; motions; summary judgment; relief from judgments and the effect of judgments; shall apply to all such proceedings.” Ga. L. 1966, pp. 609, 668; 1967, pp. 226, 241; 1968, pp. 1104, 1109 (Code Ann. § 81A-181).
The provision for the granting of nonsuits has been specifically repealed by the Civil Practice Act, and this contention is without merit.
3. (a) The appellant contends that her motion for directed verdict should have been granted because the offer to sell the property to "the Stevens family” was too indefinite as to parties. This [412]*412contention is without merit.
The letter transmitting the appellant’s offer to the appellee’s counsel stated that the appellant agreed to "sell to the Stevens family all of her interest in the estate of J. Robert Stevens.” The words "Stevens family” as used in the offer necessarily means the family of J. Robert Stevens. The offer sufficiently described the parties. Furthermore, the appellant testified that she understood at the time the offer was made that it was not made to the Stevens family but to Curtis Stevens with whom she had been negotiating and to her the Stevens family meant Curtis Stevens. Curtis Stevens, the brother of J. Robert Stevens, accepted the appellant’s offer, Since the words "Stevens family” are ambiguous, parol evidence could be introduced to show the intention of the parties.
(b) The appellant further contends that her motion for directed verdict should have been granted since the description of one tract of the property' in the limited warranty deed is different from the description of that tract granted to her by the year’s support proceeding. The evidence shows that the appellant was the sole heir at law of her husband who died intestate and that the year’s support proceeding awarded to her certain property described as an undivided one-fourth interest in 87.75 acres of marsh and rush land. The evidence showed that her husband owned an undivided one-fourth interest in 160 acres of marsh and rush land. Her offer was to sell "all of her interest in the estate of J. Robert Stevens.” Therefore, the appellant as sole heir at law of her husband could not refuse to sign the limited warranty deed because it contained a description covering an undivided one-fourth interest in 160 acres of marsh and rush land which he owned.
(c) The appellant further contends that her offer to sell all of her interest in the estate of her husband included the household furniture and provided that she would pay the 1963 taxes, and that the acceptance of the offer by the appellee and his tender to her of $10,500 did not purport to include the household furniture and it stated he would prorate the 1963 taxes. "Where a party to an option contract in the notice to exercise the option suggests a departure from the terms of a provision of the con[413]*413tract made for his benefit, but later waives such provision in its entirety, the other party can not complain on the ground that the offer to exercise was not made in accordance with the terms of the option.” Redmond v. Sinclair Refining Co., 204 Ga. 699 (3) (51 SE2d 409).
The Civil Practice Act provides in part: "If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” Ga. L. 1966, pp. 609, 656; 1967, pp. 226, 237, 246, 248 (Code Ann. § 81A 150 (a)); Aldridge v. Dixie Fire &c. Co., 223 Ga. 130 (1) (153 SE2d 723); Mason v. Carter, 223 Ga. 2 (1) (153 SE2d 162).
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Undercofler, Justice.
Curtis T. Stevens filed a complaint in the Superior Court of Fulton County against Mary Ann Stevens seeking specific performance of a contract for the sale of land. The record shows that Curtis T. Stevens had been negotiating with the defendant for the purchase of this land. The defendant testified that she had written her attorney about the sale of this property, that he telephoned her and told her he had received her letter, that he had "talked to them” and that Curtis Stevens did want the property. On April 9, 1964, the attorney for the defendant wrote a letter to the plaintiff’s attorney which stated: "Re: Estate of J. Robert Stevens ... I am authorized by Mrs. Stevens to agree to sell to the Stevens family all of her interest in the estate of J. Robert Stevens for $10,500 and we will give you a reasonable length of time in which to raise the money. I think the deed should be a limited warranty deed and believe that your firm should prepare it. We will affix the documentary stamps and will pay all taxes through 1963.” A copy of this letter was forwarded to the defendant by her attorney. Curtis T. Stevens, a brother of J. Robert Stevens, on June 29, 1964, through his attorney tendered his check for $10,500 and a limited warranty deed to the defendant’s attorney. The letter transmitting the check and the limited warranty deed stated: "The taxes and insurance on this property will be prorated as of the date of closing.” The defendant’s attorney forwarded the check and limited warranty deed to her for execution. On July 6, 1964, he advised the plaintiff’s attorney by letter that his client had written him stating that she was leaving on vacation the day she received the deed and check and would leave them in her bank box. On September 15, 1964, the defendant informed her attorney that she "had changed her mind” about selling the property. The defendant did not plead the Statute of Frauds.
The jury returned a verdict for the plaintiff and a judgment was entered thereon. The defendant appeals. Held:
1. The appellant contends that the court erred in overruling the general demurrer to the petition which was treated as a motion [411]*411to dismiss under the Civil Practice Act.
"The Civil Practice Act of 1966 (Ga. L. 1966, p. 609; Code Ann. § 81A-108 (a)) has eliminated issue pleading and substituted notice pleading. See Reynolds v. Reynolds, 217 Ga. 234, 246 (3) (123 SE2d 115). '. . . [A] motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. If, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff, the complaint is sufficient.’ 2A Moore’s Federal Practice, § 8.13, p. 1706.” Bourn v. Herring, 225 Ga. 67 (3) (166 SE2d 89).
The complaint in this case was sufficient to withstand the appellant’s motion to dismiss.
2. The appellant contends that the trial court erred in failing to grant her motion for nonsuit at the conclusion of the appellee’s evidence.
The Civil Practice Act (Ga. L. 1966, pp. 609, 687; 1967, pp. 226, 242, 243, 246, 247, 249; Code Ann. § 81A-201) specifically repealed Code §110-310 which provided when nonsuits could be granted. The Civil Practice Act also provides: "This Title shall apply to all special statutory proceedings except to the extent that specific rules of practice and procedure in conflict herewith are expressly prescribed by law, but, in any event, the provisions of this Title governing the sufficiency of pleadings; defenses; amendments; counterclaims; cross-claims; third-party practice; joinder of parties and causes; making parties; discovery and depositions; interpleader; intervention; evidence; motions; summary judgment; relief from judgments and the effect of judgments; shall apply to all such proceedings.” Ga. L. 1966, pp. 609, 668; 1967, pp. 226, 241; 1968, pp. 1104, 1109 (Code Ann. § 81A-181).
The provision for the granting of nonsuits has been specifically repealed by the Civil Practice Act, and this contention is without merit.
3. (a) The appellant contends that her motion for directed verdict should have been granted because the offer to sell the property to "the Stevens family” was too indefinite as to parties. This [412]*412contention is without merit.
The letter transmitting the appellant’s offer to the appellee’s counsel stated that the appellant agreed to "sell to the Stevens family all of her interest in the estate of J. Robert Stevens.” The words "Stevens family” as used in the offer necessarily means the family of J. Robert Stevens. The offer sufficiently described the parties. Furthermore, the appellant testified that she understood at the time the offer was made that it was not made to the Stevens family but to Curtis Stevens with whom she had been negotiating and to her the Stevens family meant Curtis Stevens. Curtis Stevens, the brother of J. Robert Stevens, accepted the appellant’s offer, Since the words "Stevens family” are ambiguous, parol evidence could be introduced to show the intention of the parties.
(b) The appellant further contends that her motion for directed verdict should have been granted since the description of one tract of the property' in the limited warranty deed is different from the description of that tract granted to her by the year’s support proceeding. The evidence shows that the appellant was the sole heir at law of her husband who died intestate and that the year’s support proceeding awarded to her certain property described as an undivided one-fourth interest in 87.75 acres of marsh and rush land. The evidence showed that her husband owned an undivided one-fourth interest in 160 acres of marsh and rush land. Her offer was to sell "all of her interest in the estate of J. Robert Stevens.” Therefore, the appellant as sole heir at law of her husband could not refuse to sign the limited warranty deed because it contained a description covering an undivided one-fourth interest in 160 acres of marsh and rush land which he owned.
(c) The appellant further contends that her offer to sell all of her interest in the estate of her husband included the household furniture and provided that she would pay the 1963 taxes, and that the acceptance of the offer by the appellee and his tender to her of $10,500 did not purport to include the household furniture and it stated he would prorate the 1963 taxes. "Where a party to an option contract in the notice to exercise the option suggests a departure from the terms of a provision of the con[413]*413tract made for his benefit, but later waives such provision in its entirety, the other party can not complain on the ground that the offer to exercise was not made in accordance with the terms of the option.” Redmond v. Sinclair Refining Co., 204 Ga. 699 (3) (51 SE2d 409).
The Civil Practice Act provides in part: "If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” Ga. L. 1966, pp. 609, 656; 1967, pp. 226, 237, 246, 248 (Code Ann. § 81A 150 (a)); Aldridge v. Dixie Fire &c. Co., 223 Ga. 130 (1) (153 SE2d 723); Mason v. Carter, 223 Ga. 2 (1) (153 SE2d 162).
The trial court did not err in overruling the motion for a directed verdict since the evidence did not demand a verdict for the appellant.
4. The record shows that during the trial of the case counsel stipulated that only two issues should be determined by the jury. These issues were: "(1) Did the defendant, Mrs. Mary Ann Stevens, offer to sell the interest she received from her husband’s estate to the Stevens family for $10,500 on April 9, 1964? (2) Was this offer accepted on substantially the same terms as made within a reasonable time?” The trial court so instructed the jury and required them to return a special verdict on these issues. Counsel was given the opportunity to object to the charge out of the presence of the jury. There was no exception to the charge by the appellant. The jury answered each question affirmatively. The judgment was entered in accordance with the verdict. The appellant contends that these instructions are "contrary to the law and evidence presented and contrary to the laws of this State.”
"A party cannot complain in this court of an instruction to the jury when his counsel at the trial specifically acquiesced in the giving of such instruction.” Irvin v. Oliver, 223 Ga. 193 (2) (154 SE2d 217); Greenway v. Sloan, 211 Ga. 775 (2) (88 SE2d 366). See also Code Ann. § 81A-149 (Ga. L. 1966, pp. 609, 656; 1967, pp. 226, 236).
The evidence was sufficient to authorize the verdict of the jury on the issues presented to them and these contentions are without merit.
[414]*414Argued February 9, 1971
Decided March 18, 1971.
Roland P. Smith, for appellant.
Alaimo & Taylor, Anthony A. Alaimo, for appellee.
Judgment affirmed.
All the Justices concur, except Felton, J., who dissents.