Rucker v. Tabor
Supreme Court of Georgia
Breach of contract. Before Judge Holden. Elbert superior -court. September 13, 1905. The evidence for the plaintiff showed as follows: He owed a debt to a firm of which the defendant was a member. He agreed with the defendant that the latter should cultivate certain lands of the plaintiff, each to receive half of the crops, advances made by the defendant for the plaintiff being deducted from the plaintiff’s share.
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Breach of contract. Before Judge Holden. Elbert superior -court. September 13, 1905. The evidence for the plaintiff showed as follows: He owed a debt to a firm of which the defendant was a member. He agreed with the defendant that the latter should cultivate certain lands of the plaintiff, each to receive half of the crops, advances made by the defendant for the plaintiff being deducted from the plaintiff’s share. The plaintiff was to furnish the land and houses for the hands. Plaintiff’s share was to be applied to his indebtedness to the ■ firm. Defendant put certain hands on the place and…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) If one party to a continuing contract containing mutual obligations renounces it, the other can immediately treat such renunciation as a breach of. the contract, and sue for the damages he has sustained, or treat it as binding and wait until the time arrives for its performance, in order to give the party who has repudiated the contract an opportunity to comply with its terms. “If, after the attempted renunciation by one party to the contract, the other elects *102to treat the contract as still binding- and await the time for full performance, it is incumbent…
2Cases cited9 opinions
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Welcome v. HessCalifornia Supreme Court · 1891
- Smith v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1901
- Rice v. DudleySupreme Court of Alabama · 1880
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Savannah Yacht Corp. v. Thunderbolt Marine, Inc.Court of Appeals of Georgia · 2009
- Noble v. KerrCourt of Appeals of Georgia · 1971
- Johnson v. WatkinsCourt of Appeals of Georgia · 1921
- Braswell v. ShurlingCourt of Appeals of Georgia · 1953
- Wright v. KilgoSupreme Court of Georgia · 1956
3 more not listed; retrieve them via the Exa API.