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2018 Georgia Code 13-5-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 13-5-11 Case Law from Google Scholar Amendments to OCGA 13-5-11

TITLE 13 CONTRACTS

Section 5. Defenses, 13-5-1 through 13-5-31.

ARTICLE 1 GENERAL PROVISIONS

13-5-11. Part performance.

In a severable contract or one admitting of apportionment, a part performance may be a defense pro tanto.

(Orig. Code 1863, § 2813; Code 1868, § 2821; Code 1873, § 2872; Code 1882, § 2872; Civil Code 1895, § 3726; Civil Code 1910, § 4320; Code 1933, § 20-1103.)

JUDICIAL DECISIONS

Cited in Ellis v. Von Kamp, 100 Ga. App. 60, 110 S.E.2d 97 (1959); Stein Steel & Supply Co. v. Briggs Mfg. Co., 110 Ga. App. 489, 138 S.E.2d 910 (1964).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, § 399.

C.J.S.

- 17A C.J.S., Contracts, § 520.

ALR.

- Doctrine of part performance as applied to contract embracing more than one subject matter, 38 A.L.R. 693.

Acceptance of principal sum as affecting right to interest, 100 A.L.R. 96.

May part performance or part payment which will take oral contract out of statute of frauds be predicated upon giving up present position, employment, business or profession, or opportunities in that field, 125 A.L.R. 399.

Liabilities or risks of loss arising out of contract for repairs or additions to, or installations in, existing building which, without fault of either party, is destroyed pending performance, 28 A.L.R.3d 788.

Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.

Limitation to quantum meruit recovery where attorney employed under contingent fee contract is discharged without cause, 56 A.L.R.5th 1.

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