Legal Opinion
Sellers v. City of Summerville
Supreme Court of Georgia
Decided September 12, 1951No. 17539, 17540PublishedCited by 14 opinions
1Opinion of the Court
Almand, Justice.
Where the performance of one party to a contract is conditioned upon the performance of certain acts on the part of the other party before the contract becomes absolutely obligatory, such condition must be performed. Code, § 20-110. So, when a plaintiff’s right to recover on a contract depends upon a condition precedent to be performed by him, he must allege and prove the performance of such condition or allege sufficient legal cause for its non-performance. Griswold v. Scott, 13 Ga. 210 (2); Baker v. Tillman, 84 Ga. 401 (11 S. E. 355); Herrington v. Jones, 132 Ga. 209 (63 S.…
2Cases cited11 opinions
- City of Summerville v. Georgia Power Co.Supreme Court of Georgia · 1949
- Byrd v. ClarkSupreme Court of Georgia · 1930
- Griswold v. ScottSupreme Court of Georgia · 1853
- Baker v. TillmanSupreme Court of Georgia · 1890
- Central Railroad & Banking Co. v. StateSupreme Court of Georgia · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Strickland v. WilliamsSupreme Court of Georgia · 1959
- Brookhaven Supply Co. v. RaryCourt of Appeals of Georgia · 1974
- Peacock Construction Co. v. WestCourt of Appeals of Georgia · 1965
- Peacock Construction Co. v. WestCourt of Appeals of Georgia · 1965
- Bearden v. LaneCourt of Appeals of Georgia · 1963
9 more not listed; retrieve them via the Exa API.