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2018 Georgia Code 13-1-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-1-3 Case Law from Google Scholar Amendments to OCGA 13-1-3

TITLE 13 CONTRACTS

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

13-1-3. Contract defined - Contract of record.

A contract of record is one which has been declared and adjudicated by a court having jurisdiction or which is entered of record in obedience to or in carrying out the judgment of a court.

(Orig. Code 1863, § 2678; Code 1868, § 2674; Code 1873, § 2716; Code 1882, § 2716; Civil Code 1895, § 3633; Civil Code 1910, § 4218; Code 1933, § 20-103.)

JUDICIAL DECISIONS

Judgment on contract rendered by court of competent jurisdiction is contract of record.

- Where one person sues another in court of competent jurisdiction upon contract, and court renders judgment thereon in favor of plaintiff that judgment becomes a contract of record. Little Rock Cooperage Co. v. Hodge, 112 Ga. 521, 37 S.E. 743 (1900).

Contract of record conclusive between parties and effects merger of original cause of action.

- A contract of record has the following peculiar properties or characteristics: It operates as an estoppel and is conclusive between parties. It effects or works a merger of original cause of action. Howell v. A. Shands & Co., 35 Ga. 66 (1866); Fannin v. Durdin, 54 Ga. 476 (1875); McAfee v. Covington, 71 Ga. 272, 51 Am. R. 263 (1883); Daniel v. Gibson, 72 Ga. 367, 53 Am. R. 845 (1884).

When judgment is obtained, precedent cause of action merges into and is extinguished by judgment and becomes new cause of action upon which new suit may be maintained. Southern Ry. v. City of Rome, 179 Ga. 449, 176 S.E. 7 (1934).

Judgment of divorce granting alimony not contract of record. Phillips v. Phillips, 73 Ga. App. 18, 35 S.E.2d 520 (1945).

RESEARCH REFERENCES

C.J.S.

- 17 C.J.S., Contracts, §§ 1, 10.

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