Oxford Motors Co. v. Niblack, 360 S.E.2d 23 (Ga. Ct. App. 1987). · Go Syfert
Oxford Motors Co. v. Niblack, 360 S.E.2d 23 (Ga. Ct. App. 1987). Cases Citing This Book View Copy Cite
“where 608 a defendant prevents the performance of a stipulation of a contract undertaken by the plaintiff, he is estopped from setting up in his own behalf any injury which may have resulted from the nonperformance of such condition.”
24 citation events (14 in the last 25 years) across 2 distinct courts.
Strongest positive: Turner Broadcasting System, Inc. v. McDavid (gactapp, 2010-03-26)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 6 distinct citers.
examined Cited as authority (quoted) Turner Broadcasting System, Inc. v. McDavid (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence low
where 608 a defendant prevents the performance of a stipulation of a contract undertaken by the plaintiff, he is estopped from setting up in his own behalf any injury which may have resulted from the nonperformance of such condition.
cited Cited as authority (rule) AAF-McQuay, Inc. v. Willis
Ga. Ct. App. · 2011 · confidence medium
Oxford Motors Co. v. Niblack, 183 Ga. App. 771, 772 ( 360 SE2d 23 ) (1987).
cited Cited as authority (rule) Merritt v. State Farm Mutual Automobile Insurance
Ga. Ct. App. · 2000 · confidence medium
(Citation and punctuation omitted.) Oxford Motors Co. v. Niblack, 183 Ga. App. 771, 772 ( 360 SE2d 23 ) (1987); see also Feagin v. Feagin, 174 Ga. App. 474, 475 ( 330 SE2d 410 ) (1985).
discussed Cited as authority (rule) Cho v. South Atlanta Associates, Ltd. (2×)
Ga. Ct. App. · 1991 · confidence medium
Paek that "you are still fully obligated to pay minimum rent and expenses as defined in [the] Lease Agreement, per month, until such time as the Premises is released." (Emphasis supplied.) This evidence raises genuine issues of material fact regarding any agreement that defendants would be released from obligations under the lease after the premises "is released." See Oxford Motors Co. v. Niblack, 183 Ga. App. 771, 772 ( 360 SE2d 23 ).
discussed Cited as authority (rule) Kusuma v. Metametrix, Inc.
Ga. Ct. App. · 1989 · confidence medium
Although the issue of a waiver of a contract provision is not always a jury question, “it is a question for the trior of fact when the evidence in that regard is conflicting.” Oxford Motors Co. v. Niblack, 183 Ga. App. 771, 772 ( 360 SE2d 23 ).
discussed Cited as authority (rule) DAN-D, Inc. v. Burnsed Enters., Inc.
Ga. Ct. App. · 1988 · confidence medium
There is evidence in the record, however, to authorize a finding that appellee waived the contractual due date of August 20, 1984 and extended it to at least October 5, 1984. “[T]he waiver of contract provisions ... is a question for the trier of fact when the evidence in that regard is conflicting. [Cit.]” Oxford Motors Co. v. Niblack, 183 Ga. App. 771, 772 ( 360 SE2d 23 ) (1987).
OXFORD MOTORS COMPANY
v.
NIBLACK Et Al.
74105.
Court of Appeals of Georgia.
Jul 2, 1987.
360 S.E.2d 23
G. Stuart Watson, Howard S. McKelvey, Jr., for appellant., Donald D. Rentz, for appellees.
Carley, Banke, Benham.
Cited by 11 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Court of Appeals of Georgia (1)
Carley, Judge.

Appellee-plaintiffs entered into a contract to sell the assets of their automobile dealerships to appellant-defendant. The sale was never consummated and appellees brought suit against appellant for breach of contract. The case was tried before a jury. At the close of appellees’ evidence and again at the close of all the evidence, appellant moved for a directed verdict. The motions were denied by the trial court, and the case was submitted to the jury. The jury returned a verdict in favor of appellees. Appellant appeals from the judgment that was entered on the jury verdict.

[*772] Appellant’s sole enumeration is that the trial court erroneously denied its motions for directed verdict. According to appellant, a directed verdict should have been granted because appellees adduced no evidence that two contractual conditions precedent had ever been satisfied so as to render appellant’s purchase of appellees’ dealerships an absolute obligation. One condition precedent was: “Closing of the sale shall be subject to approval of the Buick Division of General Motors Corporation of said Buick franchise from [appellees] to [appellant] and this contract shall be null and void unless said franchise transfer is approved.” The other condition precedent was: “It is agreed by buyer and seller that the buy/sell agreement dated August 13, 1981 between [appellant] and [appellees] is intended to include the approval of Distributors, Inc. for the transfer of the Subaru franchise from [appellees] to [appellant].”

“A directed verdict is proper only where there is no conflict in the evidence as to any material issue and the evidence introduced together with all reasonable deductions or inferences therefrom demands a particular verdict. [Cits.]” Carver v. Jones, 166 Ga. App. 197, 199 (3) (303 SE2d 529) (1983). In this case, there was conflicting evidence with regard to the existence of a waiver of the conditions precedent in the parties’ contract. Although the waiver of contract provisions is not always a jury question (see C.P.D. Chem. Co. v. Nat. Car Rental Sys., 148 Ga. App. 756, 757 (1) (252 SE2d 665) (1979)), it is a question for the trior of fact when the evidence in that regard is conflicting. Integrated Micro Systems v. NEC Home Electronics, 174 Ga. App. 197, 202 (3) (329 SE2d 554) (1985). Since the jury was authorized to find from the conflicting evidence in this case that there had been a waiver of both conditions precedent, the trial court correctly denied appellant’s motions for a directed verdict. “ ‘[T]he parties may, by their acts or conduct, waive a provision that their contract may not take effect or constitute a binding agreement unless it is approved by a designated person or agency, or unless it is formally approved by all the parties, and a provision that a contract shall not be binding until it is approved in writing by a designated officer of one of the parties may be waived by the party where the provision was inserted into the agreement solely for such party’s protection.’ [Cit.]” C.P.D. Chem. Co. v. Nat. Car Rental Sys., supra at 757-758 (1). Moreover, in addition to waiver, there was sufficient evidence from which the jury could have found that any nonsatisfaction of the condition precedent with regard to the approval of the Subaru transfer was the result of appellant’s failure to exercise good faith. “ ‘[W]here a defendant prevents the performance of a stipulation of a contract undertaken by the plaintiff, he is estopped from setting up in his own behalf any injury which may have resulted from the non-performance of such condition.’ [Cits.]” Allied Enterprises v. Brooks, 93[*773] Ga. App. 832, 834 (3) (93 SE2d 392) (1956).

Decided July 2, 1987 Rehearing denied July 22, 1987. G. Stuart Watson, Howard S. McKelvey, Jr., for appellant. Donald D. Rentz, for appellees.

There being sufficient evidence in the case to authorize the jury to return a verdict for appellees, the trial court did not err in denying appellant’s motions for directed verdict.

Judgment affirmed.

Banke, P. J., and Benham, J., concur.