O.C.G.A.

O.C.G.A. § 13-5-1 (2019)

Pleading of facts indicating contract not obligatory generally

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense.

History

(Orig. Code 1863, § 2797; Code 1868, § 2805; Code 1873, § 2856; Code 1882, § 2856; Civil Code 1895, § 3706; Civil Code 1910, § 4300; Code 1933, § 20-901.)

Annotations

JUDICIAL DECISIONS Cited in Hartman Stock Farm v. Henley, 8 Ga. App. 255, 68 S.E. 957 (1910). RESEARCH REFERENCES C.J.S. - 17 C.J.S., Contracts, § 17. ALR. - Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 ALR 834; 42 ALR 1226; 118 ALR 646. Validity and enforceability of contract, the making or performance of which involves breach of a contract made by one of the parties with a third person, or impairs his ability to perform such contract, 83 ALR 32.

Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 ALR 1184. Insurer’s statements as to amount of dividends, accumulations, surplus, or the like as binding on insurer or merely illustrative, 17 ALR3d 777.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Jones v. Jones, 632 S.E.2d 121 (Ga. 2006).

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Jones v. Jones, 632 S.E.2d 121 (Ga. 2006). · cites it 4× “See generally OCGA § 13-5-1 et seq. (defense to contracts).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.