O.C.G.A.

O.C.G.A. § 44-12-41 (2019)

Bailment contract as entire; performance as condition precedent to action upon it

✓ 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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As a general rule, the contract of bailment is an entire contract and a full performance is a condition precedent to an action upon it.

History

Orig. Code 1863, § 2081; Code 1868, § 2076; Code 1873, § 2102; Code 1882, § 2102; Civil Code 1895, § 2920; Civil Code 1910, § 3493; Code 1933, § 12-105.

Annotations

Cross references. Manner of seller’s tender of delivery, § 11-2-503.

JUDICIAL DECISIONS Bailor’s refusal to allow remedy of defects grounds for bailee’s suit. - Where a bailee made repairs alleged to be unsatisfactory by the bailor and offered within a reasonable time to remedy the defects, time not being of the essence of the contract, upon the bailor’s refusal to allow

the corrections to be made, the bailee was entitled under O.C.G.A. § 44-12-41 to sue upon the contract for the full contract price. Byck v. Weiler Co., 3 Ga. App. 387, 59 S.E. 1126, 1908 Ga. App. LEXIS 156 (1908).

RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 38 et seq. C.J.S. 8 C.J.S., Bailments, § 105. ALR. Recovery back of amount paid to bailee for repairs of no benefit to bailor, 31 A.L.R. 698. Validity and effect of acceleration clause in lease or bailment, 58 A.L.R. 300; 128 A.L.R. 750. Construction and application of provision of bailment or lease contract relating to cost of repairs or replacements, or damage to chattel, 129 A.L.R. 460. Bailee’s express agreement to return

property, or to return it in a specified condition, as enlarging his common-law liability, 150 A.L.R. 269. Seller’s, bailor’s, lessor’s, or lender’s knowledge of the other party’s intention to put the property or money to an illegal use as defense to action for purchaser price, rent, or loan, 166 A.L.R. 1353. Bailee’s liability as affected by bailment condition that bailor procure insurance, 83 A.L.R.3d 519. Measure and elements of damages in action against garageman based on failure to properly perform repair or service on motor vehicle, 1 A.L.R.4th 347.