statute of frauds defense (Georgia) · Go Syfert
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statute of frauds defense in Georgia

10 Georgia opinions name it 1 courts 1980–2025 1 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 (7)

CaseFollowedCited
Legacy Communities Group, Inc. v. Branch Banking & Trust Co.green
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Id. at 474-475 (2).

2012Id. at 474-475 (2).

22
Tampa Investment Group, Inc. v. Branch Banking & Trust Co.green
ga · 2012 · cited in 2 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Id.

2012(Citation omitted.) Tampa, 290 Ga. at 730 (2).

22
Brooks v. GWINNETT COMMUNITY BANKgreen
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018We overrule Hendricks , 199 Ga. App. 577 , 405 S.E.2d 566 , and Brooks v. Gwinnett Community Bank , 311 Ga. App. 806 , 807, 717 S.E.2d 647 (2011), which relied on the holding in Hendricks , to the extent they hold that a release from an agreement subject to the Statute of Frauds must be in writing. 8 *571 (b) Nevertheless, we conclude that there is an issue of fact as to whether there was a meeting of the minds.

2018We overrule Hendricks , 199 Ga. App. 577 , 405 S.E.2d 566 , and Brooks v. Gwinnett Community Bank , 311 Ga. App. 806 , 807, 717 S.E.2d 647 (2011), which relied on the holding in Hendricks , to the extent they hold that a release from an agreement subject to the Statute of Frauds must be in writing. 8 *571 (b) Nevertheless, we conclude that there is an issue of fact as to whether there was a meeting of the minds.

12
Murray v. Pratt-Dudley Builders Supply Co.green
gactapp · 1985 · cited in 2 Georgia opinions naming this issue, 1997–2011
2 sentences

2011Henry Enterprises v. Verifone, Inc., 273 Ga. App. 195, 198 (2) ( 614 SE2d 841 ) (2005) (Where a guaranty misnamed the principal debtor, but where the circumstances showed that, if the guarantor did not intend to guarantee the note the lender sued upon, then the guarantor perpetrated a fraud in executing the guaranty, the guarantor was estopped from asserting the Statute of Frauds defense to escape liability on the guaranty agreement.); Murray v. Pratt-Dudley Builders Supply Co., 176 Ga. App. 225, 226-227 ( 335 SE2d 443 ) (1985) (Although a guaranty omitted the name of the plaintiff creditor as

2011Henry Enterprises v. Verifone, Inc., 273 Ga. App. 195, 198 (2) ( 614 SE2d 841 ) (2005) (Where a guaranty misnamed the principal debtor, but where the circumstances showed that, if the guarantor did not intend to guarantee the note the lender sued upon, then the guarantor perpetrated a fraud in executing the guaranty, the guarantor was estopped from asserting the Statute of Frauds defense to escape liability on the guaranty agreement.); Murray v. Pratt-Dudley Builders Supply Co., 176 Ga. App. 225, 226-227 ( 335 SE2d 443 ) (1985) (Although a guaranty omitted the name of the plaintiff creditor as

12
JOBLING Et Al. v. SHELTONgreen
gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017OCGA § 9-11-8 (c) (requiring defendant to set forth affirmatively defense of statute of frauds); Jobling v. Shelton, 334 Ga. App. 483, 489 (2) (c) ( 779 SE2d 705 ) (2015) (“It is well settled that this Court will not consider arguments asserted for the first time on appeal and thus neither raised nor ruled upon in the trial court.

2017OCGA § 9-11-8 (c) (requiring defendant to set forth affirmatively defense of statute of frauds); Jobling v. Shelton, 334 Ga. App. 483, 489 (2) (c) ( 779 SE2d 705 ) (2015) (“It is well settled that this Court will not consider arguments asserted for the first time on appeal and thus neither raised nor ruled upon in the trial court.

11
L. Henry Enterprises, Ltd. v. Verifone, Inc.green
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Henry Enterprises v. Verifone, Inc., 273 Ga. App. 195, 198 (2) ( 614 SE2d 841 ) (2005) (Where a guaranty misnamed the principal debtor, but where the circumstances showed that, if the guarantor did not intend to guarantee the note the lender sued upon, then the guarantor perpetrated a fraud in executing the guaranty, the guarantor was estopped from asserting the Statute of Frauds defense to escape liability on the guaranty agreement.); Murray v. Pratt-Dudley Builders Supply Co., 176 Ga. App. 225, 226-227 ( 335 SE2d 443 ) (1985) (Although a guaranty omitted the name of the plaintiff creditor as

2011Henry Enterprises v. Verifone, Inc., 273 Ga. App. 195, 198 (2) ( 614 SE2d 841 ) (2005) (Where a guaranty misnamed the principal debtor, but where the circumstances showed that, if the guarantor did not intend to guarantee the note the lender sued upon, then the guarantor perpetrated a fraud in executing the guaranty, the guarantor was estopped from asserting the Statute of Frauds defense to escape liability on the guaranty agreement.); Murray v. Pratt-Dudley Builders Supply Co., 176 Ga. App. 225, 226-227 ( 335 SE2d 443 ) (1985) (Although a guaranty omitted the name of the plaintiff creditor as

11
Scott v. Lumpkingreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990Compare Scott v. Lumpkin, 153 Ga. App. 17 ( 264 SE2d 514 ) (1980).

1990Compare Scott v. Lumpkin, 153 Ga. App. 17 ( 264 SE2d 514 ) (1980).

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 (4)

CaseCitedYears
Hendricks v. Enterprise Financial Corp. green
gactapp · 1991
2 sentences

2018We overrule Hendricks , 199 Ga. App. 577 , 405 S.E.2d 566 , and Brooks v. Gwinnett Community Bank , 311 Ga. App. 806 , 807, 717 S.E.2d 647 (2011), which relied on the holding in Hendricks , to the extent they hold that a release from an agreement subject to the Statute of Frauds must be in writing. 8 *571 (b) Nevertheless, we conclude that there is an issue of fact as to whether there was a meeting of the minds.

2018We overrule Hendricks , 199 Ga. App. 577 , 405 S.E.2d 566 , and Brooks v. Gwinnett Community Bank , 311 Ga. App. 806 , 807, 717 S.E.2d 647 (2011), which relied on the holding in Hendricks , to the extent they hold that a release from an agreement subject to the Statute of Frauds must be in writing. 8 *571 (b) Nevertheless, we conclude that there is an issue of fact as to whether there was a meeting of the minds.

22018–2018
Patterson-Fowlkes v. Chancey green
ga · 2012
1 sentence

2025Id. 9 Within these contentions, Defendants also raise a statute of frauds defense that was not raised during trial.

12025–2025
Roland v. Floyd neutral
gactapp · 1936
1 sentence

1980Since this alleged parol agreement creating the relationship of landlord and tenant for the period of one year was not subject to a Statute of Frauds defense (Roland v. Floyd, 53 Ga. App. 282 (1) ( 185 SE 580 )), the trial court did not err in refusing to grant appellant’s motion on this ground. 2.

11980–1980
Daniels v. State neutral
gactapp · 1936
1 sentence

1980Since this alleged parol agreement creating the relationship of landlord and tenant for the period of one year was not subject to a Statute of Frauds defense (Roland v. Floyd, 53 Ga. App. 282 (1) ( 185 SE 580 )), the trial court did not err in refusing to grant appellant’s motion on this ground. 2.

11980–1980

Statutes the citing opinions construe

GA § 13-5-30 (7) GA § 9-11-56 (4) GA § 13-5-31 (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

NY 80 (1922–2025) TX 69 (1929–2026) CA 39 (1910–2025) OH 19 (1992–2026) IN 18 (1835–2025) IL 16 (1986–2024) MI 15 (1969–2025) MO 15 (1977–2021) AL 15 (1985–2015) MA 13 (1994–2015) FL 12 (1987–2012) PA 12 (1982–2026) CO 11 (1978–2014) WA 11 (1965–2023) GA 10 (1980–2025) UT 10 (1983–2024) NC 10 (1979–2024) WY 9 (1953–2017) IA 9 (1959–2014) CT 9 (1984–2002) ND 8 (1978–2023) MT 8 (1969–2016) AZ 7 (1977–2024) MN 7 (1976–2016) NM 7 (1972–2026) ME 7 (1910–2019) MD 6 (1967–2012) SD 6 (1984–2026) NJ 6 (1960–2026) TN 6 (1988–2021) WI 6 (1881–2024) ID 6 (1990–2025) OR 5 (1972–2010) DC 4 (1980–2014) NE 3 (2006–2021) VT 3 (1979–2024) WV 3 (1925–2021) AR 3 (1988–2025) MS 3 (1979–2005) VA 3 (2000–2013) DE 2 (2018–2021) VI 2 (2001–2017) HI 2 (1995–2002) KS 2 (1924–2025)

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.

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