Legal Opinion
Roberts v. H. C. Whitmer Co.
Court of Appeals of Georgia
Decided May 13, 1933No. 22668PublishedCited by 9 opinions
1Opinion of the CourtJenkins, P. J.
1. “The rule is that where an agreement consists of a single promise, based on a single consideration, if either is illegal, the whole contract is void. But where the agreement is founded on a legal consideration containing a promise to do several things or to refrain from doing several things, and some only of the promises áre illegal, the promises which are not illegal will be held to be valid.” Rawleigh Medical Co. v. Walker, 16 Ala. App. 232 (77 So. 70, 72); 13 C. J. 512, 513. See also Civil Code (1910), §§ 4247, 4251; Mechanics Realty & Improvement Co. v. Leva, 16 Ga. App. 7 (2) (84 S.…
2Cases cited7 opinions
- Hood v. LeggSupreme Court of Georgia · 1925
- Smith's AppealSupreme Court of Pennsylvania · 1886
- Mechanics Realty & Improvement Co. v. LevaCourt of Appeals of Georgia · 1915
- Seay v. SpratlingSupreme Court of Georgia · 1909
- W. T. Rawleigh Medical Co. v. WalkerAlabama Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Airways Co. v. DeKalb CountyCourt of Appeals of Georgia · 1960
- Jones v. ClarkCourt of Appeals of Georgia · 1978
- City of Santa Fe v. First Nat. Bank in RatonNew Mexico Supreme Court · 1937
- Circle Appliance Leasing, Inc. v. Appliance Warehouse, Inc.Court of Appeals of Georgia · 1992
- Scott v. HallCourt of Appeals of Georgia · 1937
4 more not listed; retrieve them via the Exa API.