Mail Concepts, Inc. v. Foote & Davies, Inc. (1991)
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· 47 citation events
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The CHA contains two anti-assignment clauses: Article 16.1, which provides “[t]his Agreement may not be assigned by any party without the prior written consent of the other parties,” and Article 17.3, which provides that neither party “may... assign... any of [its] *823 rights, obligations or interests under this Agreement without the prior written consent of the parties.” But, under Georgia statutory and case law, unless a contract falls into one of the exceptions more full…
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In Re Terry (2000)
That opinion is predicated on the theory that “once a party to the contract performs its obligations thereunder so that the contract is no longer executory, its right to enforce the other party’s liability under the contract may be assigned without the other party’s eonsent[,] even if the contract contains a non-assign *427 ment clause.” Mail Concepts, Inc. v. Foote & Davies, Inc., 200 Ga.App. 778 , 409 S.E.2d 567, 570 (1991) (Andrews, J., dissenting), cer t. denied, Septemb…
Andrews, J., dissenting
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Crews v. Wahl (1999)
To determine whether a sales contract is governed by the UCC, “we must look to the primary or overall purpose of the transaction.” Mail Concepts v. Foote & Davies, Inc., 200 Ga. App. 778, 779 (1) ( 409 SE2d 567 ) (1991).
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McCombs v. Southern Regional Medical Center, Inc. (1998)
Mail Concepts v. Foote & Davies, Inc., 200 Ga.App. 778, 779 (1), 409 S.E.2d 567 (1991).
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In Re Britton (2002)
The court also reached the same conclusion based on Georgia state law, which provided that “ ‘once a party to the contract performs its obligations thereunder so that the contract is no longer executory, its right to enforce the other party’s liability under the contract may be assigned without the other party’s consent even if the contract contains a non-assignment clause.’” Id., quoting Mail Concepts, Inc. v. Foote & Davies, Inc., 200 Ga.App. 778, 781 , 409 S.E.2d 567, 570…
emphasis supplied
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Souther v. Safeco Life Insurance Co. (In Re Cooper) (1999)
Under Georgia law, “once a party to the contract performs its obligations thereunder so that the contract is no longer executory, its right to enforce the other party’s liability under the contract may be assigned without the other party’s consent even if the contract contains a non-assignment clause.” Mail Concepts, Inc. v. Foote & Davies, Inc., 200 Ga.App. 778, 781 , 409 S.E.2d 567, 570 (1991), cert. denied, September 6, 1991.
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Al and Zack Brown, Inc. v. Bullock (1999)
OCGA § 11-2-102; Mail Concepts v. Foote & Davies, Inc., 200 Ga. App. 778, 779 (1) ( 409 SE2d 567 ) (1991).
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Southern Tank & Equipment Co. v. Zartic, Inc. (1996)
Lee Gregory, supra; Embryo Progeny, supra; Mail Concepts v. Foote & Davies, Inc., 200 Ga. App. 778, 779-780 (1) ( 409 SE2d 567 ) (1991).
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Flowers Ginning Co v. ARMA, Incorporated (1997)
See, e.g., Mail Concepts v. Foote & Davies, Inc., 409 S.E.2d 567 (Ga. Ct. App.), cert. denied, 200 Ga. App. 896 (1991).
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Flowers Ginning Company, Incorporated, D/B/A Warren Brothers Gin v. Arma, Incorporated Ritch McCutchen (1997)
See, e.g., Mail Concepts v. Foote & Davies, Inc., 409 S.E.2d 567 (Ga.Ct.App.), cert. denied, 200 Ga.App. 896 (1991). 19 Here, the contract dispute arose over the installation of the UD press and related equipment.
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Ready Trucking, Inc. v. BP Exploration & Oil Co. (2001)
See Mail Concepts v. Foote & Davies, Inc., 200 Ga. App. 778, 779 (1) ( 409 SE2d 567 ) (1991).
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Williams v. MAYFLOWER INS. CO., LTD. (1999)
See Mail Concepts v. Foote & Davies, Inc., 200 Ga. App. 778, 781 (3) ( 409 SE2d 567 ) (1991) (once a party to the contract performs its obligations so that the contract is no longer executory, its right to enforce the other party’s liability under the contract may be assigned without the other party’s consent even if the contract contains a non-assignment clause).
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Embryo Progeny Associates v. Lovana Farms, Inc. (1992)
See Mail Concepts, Inc. v. Foote & Davies, Inc., 200 Ga. App. 778, 780 ( 409 SE2d 567 ) (1991) (citing Redfern Meats, supra, for the proposition that Georgia has extended the reach of the sales article to transactions analogous to sales).