The Court of Appeals found that an implied contract between the City of Decatur and Georgia Presbyterian Homes, Inc., was ultra vires and void under OCGA 36-30-3 (formerly Code 69-202). 1 Georgia Presbyterian Homes, Inc. v. City of Decatur, 165 Ga. App. 395 (299 SE2d 900) (1983).

We granted certiorari to determine the applicability of OCGA 36-30-3 (Code Ann. 69-202) to a contract fully executed by the city, where the only remaining obligations were owed to the city by the other party to the contract, and the party with obligations remaining relied upon the Code section which was enacted for the protection of the city.

After plenary consideration, we find that because there was no agreement as to the annual sum to be paid beyond the year 1972, no contract existed here, 2 OCGA 13-3-2 (Code Ann. 20-108), and hence the judgment of the Court of Appeals should be affirmed notwithstanding the possible inapplicability of OCGA 36-30-3 (Code Ann. 69-202).