Ball v. Foundation Co.
Court of Appeals of Georgia
Action on contract; from city court of Savannah' — Judge Freeman. October 10, 1919. In 1918, the Foundation Company was engaged in the construction of thirty-eight steel vessels, known as “mine sweepers,” for the Eepublic of France. On August 7, 1918, it entered into a written contract with Oliver G-. Ball, by which he was employed to bend the steel frames to be used as the ribs in the construction of these vessels.
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Action on contract; from city court of Savannah' — Judge Freeman. October 10, 1919. In 1918, the Foundation Company was engaged in the construction of thirty-eight steel vessels, known as “mine sweepers,” for the Eepublic of France. On August 7, 1918, it entered into a written contract with Oliver G-. Ball, by which he was employed to bend the steel frames to be used as the ribs in the construction of these vessels. He sued the Foundation Company upon this contract (a copy of which was attached to the petition), alleging that after he had bent the frames for six of the thirty-eight vessels,…
1Opinion of the CourtJenkins, P. J.
1. While it is true that where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, a modification, by way of a quasi new agreement, will be implied (Civil Code (1910), § 4227), still, in order for this rule to have application, it is necessary that the circumstances be such as will in law imply a mutual new agreement, whereby new, distinct, and definite terms are supplied in lieu of those provided for by the original contract. Bearden Mercantile Co. v. Madison Oil Co., 128 Ga. 695.
2. Construing the allegations of the…
2Cases cited1 opinion
- Bearden Mercantile Co. v. Madison Oil Co.Supreme Court of Georgia · 1907
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- Long Tobacco Harvesting Co. v. BrannenCourt of Appeals of Georgia · 1958
- Wright Carriage Co. v. Business Development Corp. of Georgia, Inc.Court of Appeals of Georgia · 1996
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