When demand is condition precedent.

- As a general rule, a demand is a condition precedent to suit when the demand constitutes an essential element of the cause of action, as when there is no precedent debt or duty and the defendant cannot properly be said to be in default until a demand has been made; in such a case, plaintiff cannot wait and fix the liability merely by filing suit. Cheeves v. Ayers, 43 Ga. App. 454, 159 S.E. 299 (1931).

Filing of suit was not a sufficient demand or call. Cheeves v. Ayers, 43 Ga. App. 454, 159 S.E. 299 (1931).

In action for money had and received it is not necessary to allege a demand for and refusal of payment. Morgan v. Hutcheson, 61 Ga. App. 763, 7 S.E.2d 691 (1940).

Cited in Slaton v. Morrison, 144 Ga. 471, 87 S.E. 390 (1915); Clarke v. Upchurch, 31 Ga. App. 601, 121 S.E. 525 (1924); Jasper Sch. Dist. v. Gormley, 57 Ga. App. 537, 196 S.E. 232 (1938); Evans v. Brown, 196 Ga. 634, 27 S.E.2d 300 (1943); Jennings v. Stewart, 106 Ga. App. 689, 127 S.E.2d 842 (1962); Studdard v. Evans, 108 Ga. App. 819, 135 S.E.2d 60 (1964); Orkin Exterminating Co. v. Stevens, 130 Ga. App. 363, 203 S.E.2d 587 (1973).

Am. Jur. 2d.

- 1 Am. Jur. 2d, Actions, §§ 77 et seq., 82.

C.J.S.

- 1A C.J.S., Actions, § 66.

ALR.

- Commencement of action as compliance with or substitute for statutory notice as condition of action for injury to person or property, 101 A.L.R. 726.

Effect of failure before commencing action to obtain leave under statute providing that no action shall be brought upon a judgment without leave of court or judge, 160 A.L.R. 605.