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2018 Georgia Code 13-1-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 13-1-10 Case Law from Google Scholar Amendments to OCGA 13-1-10

TITLE 13 CONTRACTS

Section 1. General Provisions, 13-1-1 through 13-1-14.

13-1-10. Licenses and contracts distinguished.

Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated.

(Civil Code 1895, § 15; Civil Code 1910, § 15; Code 1933, § 20-117.)

History of section.

- This Code section is derived from the decisions in Brown v. State, 82 Ga. 224, 7 S.E. 915 (1888), and Sprayberry v. City of Atlanta, 87 Ga. 120, 13 S.E. 197 (1891).

JUDICIAL DECISIONS

License granted by city to engage in business within city's boundaries is not a contract. City of Thomson v. Davis, 92 Ga. App. 216, 88 S.E.2d 300 (1955).

License or permit to establish cemetery on described lands is personal privilege and not assignable.

- Though it be considered as a grant running with land, such license or permit does not attach if land is not dedicated to public use for burial purposes. Arlington Cem. v. Bindig, 212 Ga. 698, 95 S.E.2d 378 (1956).

City not authorized to arbitrarily revoke business license.

- Section has reference to licenses issued in exercise of police power, and city has no authority to arbitrarily revoke business license which city has granted to proprietor of restaurant or lunch counter. Peginis v. City of Atlanta, 132 Ga. 302, 63 S.E. 857, 35 L.R.A. (n.s.) 716 (1909).

RESEARCH REFERENCES

Am. Jur. 2d.

- 50 Am. Jur. 2d, Licenses and Permits, §§ 2 et seq., 29, 89.

C.J.S.

- 17A C.J.S., Contracts, § 327.

ALR.

- Willful or intentional variation by contractor from terms of contract in regard to material or work as affecting measure of damages, 6 A.L.R. 137.

Cases Citing Georgia Code 13-1-10 From Courtlistener.com
Total Results: 1
WMW, Inc. v. American Honda Motor Co.
Court: Supreme Court of Georgia | Date Filed: 2012-10-15
Citation: 291 Ga. 683, 733 S.E.2d 269, 2012 Fulton County D. Rep. 3121, 2012 WL 4856991, 2012 Ga. LEXIS 777
Snippet: “dealership.” See OCGA §§ 10-1-622 (1), (2), and (13.1); 10-1-664 (b). By deciding that issue alone, it becomes