O.C.G.A. § 13-1-5 (2019)

Annotations

JUDICIAL DECISIONS Enforcement of oral contract. - An oral contract is legal and equally as enforceable as a written contract in an action at law. Turner v. Clark & Clark, 158 Ga. App. 79, 279 S.E.2d 323 (1981). Evidence was sufficient to support a jury’s verdict finding a breach of contract in a real estate development dispute, as there was no requirement for the agreement to be in writing where the agreement did not directly involve the sale or conveyance of an interest in land; plaintiff proved all of the essential elements of the breach of contract claim through plaintiff ’s testimony and that of another person. Cline v. Lee, 260 Ga. App. 164, 581 S.E.2d 558 (2003). Where plaintiff patient sued defendant manufacturer of a surgically implanted medical device, alleging breach of contract, in that manufacturer’s representative orally agreed to pay for patient’s two prior surgeries, manufacturer’s motion for summary judgment under O.C.G.A. §§ 13-1-1 and 13-1-5(b) was granted because while the patient submitted email correspondence patient received from representative requesting all bills for surgeries where representative stated a need for record of what it had cost the patient ‘‘out of pocket,’’ there was no evidence that consideration was given for the promise. Trickett v. Advanced Neuromodulation Sys., 542 F. Supp. 2d 1338 (S.D. Ga. 2008). Cited in Nodvin v. Krabe, 160 Ga. App. 310, 287 S.E.2d 236 (1981).

Contract partly in writing and partly in parol is considered parol contract. - When contract is not wholly in writing, but is partly in writing and partly in parol, entire contract is considered as one in parol. Jankowski v. Taylor, 154 Ga. App. 752, 269 S.E.2d 871, aff ’d, 246 Ga. 804, 273 S.E.2d 16 (1980). Definiteness. - Like written contracts, oral contracts must be certain and definite in their terms. Pharr v. Olin Corp., 715 F. Supp. 1569 (N.D. Ga. 1989). Effect of oral agreement relating to condition not expressed in note. - An oral agreement between the parties, made contemporaneously with the execution of a note or prior thereto, relating to a condition not expressed in the note, is incompetent to change the contract as represented on the face of the note. Curtis v. First Nat’l Bank, 158 Ga. App. 379, 280 S.E.2d 404 (1981). Proof of oral agreement. - A party is not precluded from proving the existence of a separate oral agreement as to which the basic written document is silent and which is not inconsistent with its terms. Turner v. Clark & Clark, 158 Ga. App. 79, 279 S.E.2d 323 (1981). Contracts for insurance must be in writing and may not be partially parol. Atlanta Metro Taxicab Group, Inc. v. Bekele, 154 Ga. App. 831, 269 S.E.2d 902 (1980). Georgia law does not require real estate listings to be reduced to writing and oral contracts are enforceable. Thomas v. Memory, 154 Ga. App. 756, 270 S.E.2d 24 (1980).

RESEARCH REFERENCES C.J.S. - 17 C.J.S., Contracts, §§ 1, 10. 17A C.J.S., Contracts, § 382. ALR. - Liability to pay for allegedly un-

authorized repairs on motor vehicle, 5 ALR4th 311.