written modification requirement (Georgia) · Go Syfert
← Georgia issues

written modification requirement in Georgia

11 Georgia opinions name it 2 courts 1996–2024 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
American Car Rentals, Inc. v. Walden Leasing, Inc.green
gactapp · 1996 · cited in 3 Georgia opinions naming this issue, 1998–2019
2 sentences

2019See also American Car Rentals, Inc. v. Walden Leasing, 220 Ga. App. 314, 316 (1) ( 469 SE2d 431 ) (1996), quoting Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415 , 417 n. 1 ( 422 SE2d 267 ) (1992) (“Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.”).

2019See also American Car Rentals, Inc. v. Walden Leasing, 220 Ga. App. 314, 316 (1) ( 469 SE2d 431 ) (1996), quoting Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415 , 417 n. 1 ( 422 SE2d 267 ) (1992) (“Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.”).

33
Caribbean Lumber Co. v. Andersongreen
gactapp · 1992 · cited in 3 Georgia opinions naming this issue, 1996–2019
2 sentences

2019See also American Car Rentals, Inc. v. Walden Leasing, 220 Ga. App. 314, 316 (1) ( 469 SE2d 431 ) (1996), quoting Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415 , 417 n. 1 ( 422 SE2d 267 ) (1992) (“Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.”).

2019See also American Car Rentals, Inc. v. Walden Leasing, 220 Ga. App. 314, 316 (1) ( 469 SE2d 431 ) (1996), quoting Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415 , 417 n. 1 ( 422 SE2d 267 ) (1992) (“Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.”).

33
Gerdes v. Russell Rowe Communications, Inc.green
gactapp · 1998 · cited in 3 Georgia opinions naming this issue, 2004–2022
2 sentences

2022See id. at 417 (3) n.2 (“the parties’ subsequent course of conduct can also operate to waive an otherwise validly enforceable written requirement that all modifications be in writing”); Gerdes v. Russell Rowe Commc’ns, Inc., 232 Ga. App. 534, 536 (1) ( 502 SE2d 352 ) (1998) (“waiver of a written modification requirement in a contract may be established through the course of conduct between the parties”) (punctuation omitted).

2022See id. at 417 (3) n.2 (“the parties’ subsequent course of conduct can also operate to waive an otherwise validly enforceable written requirement that all modifications be in writing”); Gerdes v. Russell Rowe Commc’ns, Inc., 232 Ga. App. 534, 536 (1) ( 502 SE2d 352 ) (1998) (“waiver of a written modification requirement in a contract may be established through the course of conduct between the parties”) (punctuation omitted).

23
Handex of Florida, Inc. v. Chatham Countygreen
gactapp · 2004 · cited in 2 Georgia opinions naming this issue, 2008–2015
2 sentences

2015Handex of Florida v. Chatham County, 268 Ga. App. 285, 288 (1) ( 602 SE2d 660 ) (2004); Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415, 417 (2), n. 1 ( 422 SE2d 267 ) (1992).

2015Handex of Florida v. Chatham County, 268 Ga. App. 285, 288 (1) ( 602 SE2d 660 ) (2004); Caribbean Lumber Co. v. Anderson, 205 Ga. App. 415, 417 (2), n. 1 ( 422 SE2d 267 ) (1992).

22
Biltmore Construction Co. v. Tri-State Electrical Contractors, Inc.green
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Contractors , 137 Ga. App. 504 , 506 (1), 224 S.E.2d 487 (1976) ("Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.").

2019Contractors , 137 Ga. App. 504 , 506 (1), 224 S.E.2d 487 (1976) ("Waiver of a written modification requirement in a contract may be established through the course of conduct between the parties.").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
RHL PROPERTIES, LLC v. Neese green
gactapp · 2008
2 sentences

2024Id.

2024Waiver of a written modification requirement in a contract may be established through the parties’ course of conduct.” RHL Props., LLC, 293 Ga. App. at 842 .

12024–2024

Statutes the citing opinions construe

GA § 13-4-4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 11 (1996–2024) CA 3 (2010–2017) MI 3 (2003–2013) NY 3 (2003–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check