Contract, whereby title not to pass until purchase price paid and deed executed, was executory.

- Contract whereby title to realty and personalty located thereon was not to pass and delivery of possession was not to be made until buyer paid purchase price and seller executed general warranty deed to property was mere executory agreement to sell and did not constitute sale. Hambrick v. Bedsole, 93 Ga. App. 192, 91 S.E.2d 205 (1956).

Claim for breach of executory contract.

- To show a claim for breach of an executory contract, plaintiff must show plaintiff's own readiness and willingness to perform. Otherwise, the plaintiff would not be entitled to a judgment either for breach of contract or for a tort. James v. Mitchell, 159 Ga. App. 761, 285 S.E.2d 222 (1981).

Essentials of enforceable executory contract for future sale of commodity.

- Executory contract for future sale of commodity not enforceable unless by its terms it is so intended, and there is mutuality of obligation and certainty as to subject matter and price. Tift v. Shiver & Aultman, 24 Ga. App. 638, 102 S.E. 47 (1919). See also Chickamauga Mfg. Co. v. Augusta Grocery Co., 23 Ga. App. 163, 98 S.E. 114 (1919).

Performance of contractual obligations.

- Military truck refurbishing company's foreign corporate representative was entitled to summary judgment, where the representative performed the representatives's obligations under the contract, the contract was no longer executory, and the representative suffered compensatory damages as a result; therefore, the company was not entitled to a directed verdict. Commercial & Military Sys. Co. v. Sudimat, C.A., 267 Ga. App. 32, 599 S.E.2d 7 (2004).

Assignment of contract to reinsurance company not barred.

- Trial court properly denied the appellant's motion to stay arbitration and granted the appellees' motion to compel arbitration because the assignment of the claims to the reinsurance company was valid and enforceable and, therefore, the reinsurance company could proceed as the sole claimant. McLarens Young Int'l, Inc. v. Am. Safety Cas. Ins. Co., 334 Ga. App. 819, 780 S.E.2d 464 (2015).

Cited in Shore Acres Properties, Inc. v. Morgan, 44 Ga. App. 128, 160 S.E. 705 (1931); Twin City Fire Ins. Co. v. Wright, 46 Ga. App. 537, 167 S.E. 891 (1933); Blue Ridge Apt. Co. v. Telfair Stockton & Co., 205 Ga. 552, 54 S.E.2d 608 (1949); Dowis v. Lindgren, 132 Ga. App. 793, 209 S.E.2d 233 (1974); In re Terry, 245 Bankr. 422 (Bankr. N.D. Ga. 2000); Cheeley Invs., L.P. v. Zambetti, 332 Ga. App. 115, 770 S.E.2d 350 (2015); Wallace v. Wallace, 345 Ga. App. 764, 813 S.E.2d 428 (2018).

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, § 5.

C.J.S.

- 17 C.J.S., Contracts, § 8.

ALR.

- Moral obligation as a consideration for an executory promise, 17 A.L.R. 1299; 79 A.L.R. 1346; 8 A.L.R.2d 787.

Agreements in relation to exchange or remittance as within statute of frauds, 19 A.L.R. 1140.

Claim in receivership for breach of contract which was still executory when receiver was appointed, 33 A.L.R. 508.

Assignability of contract to furnish all of buyer's requirement or to take all of seller's output, 39 A.L.R. 1192.

Right of purchaser to acquire and assert outstanding title as against vendor, 40 A.L.R. 1078.

Right of vendee under an executory land contract to a lien for amount paid on the purchase price, 45 A.L.R. 352; 33 A.L.R.2d 1384; 82 A.L.R.3d 1040.

Bankruptcy or insolvency of corporation as affecting its executory contract for the sale of its own stock, 46 A.L.R. 1172.

Vendee's right to recover amount paid under executory contract for sale of land, 59 A.L.R. 189; 102 A.L.R. 852; 134 A.L.R. 1064.

Right of vendee under executory contract to bring action against third person for damage to land, 151 A.L.R. 938.

Enforceability, as between parties, of an executory agreement made in fraud of creditors, 172 A.L.R. 1121.

Moral obligation as consideration for contract - modern trend, 8 A.L.R.2d 787.

Right of vendee under executory land contract to lien for amount paid on purchase price, 33 A.L.R.2d 1384; 82 A.L.R.3d 1040.

Mechanic's lien based on contract with vendor pending executory contract for sale of property as affecting purchaser's interest, 50 A.L.R.3d 944.

Right of vendee under executory land contract to lien for amount paid on purchase price as against subsequent creditors of or purchasers from vendor, 82 A.L.R.3d 1040.