Legal Opinion
Friedman v. Goodman
Supreme Court of Georgia
Decided October 6, 1966No. 23539PublishedCited by 14 opinions
1Opinion of the Court
Quillian, Justice.
In the present suit upon a lease or rental contract the plaintiffs had the burden of proving that they performed the contract according to its terms, or for some legal reason such performance on their part was as a matter of law excused. Code § 20-1101; Bennett v. Burkhalter, 128 Ga. 154 (57 SE 231). The plaintiffs recognized this principle and alleged in the petition that they had “duly performed all the conditions of said lease on their part.”
It is further a rudimentary principle that where the plaintiffs contract to perform covenants that are impossible, not because of an…
2Cases cited20 opinions
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
- Cooley v. MossSupreme Court of Georgia · 1905
- McCalla v. American Freehold, &c., Co.Supreme Court of Georgia · 1892
- Jordan v. HarberSupreme Court of Georgia · 1931
- Field v. MartinSupreme Court of Georgia · 1873
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- J. C. Penney Co. v. Davis & Davis, Inc.Court of Appeals of Georgia · 1981
- Dozier v. WallaceCourt of Appeals of Georgia · 1983
- Clark's Super Gas, Inc. v. Tri-State Systems, Inc.Court of Appeals of Georgia · 1973
- Spiva v. Union CountyCourt of Appeals of Georgia · 1984
- Cole v. Frostgate Warehouses, Inc.Court of Appeals of Georgia · 1979
9 more not listed; retrieve them via the Exa API.