Legal Opinion

Augusta Motor Sales Co. v. King

Court of Appeals of Georgia

Decided March 3, 1927No. 17088PublishedCited by 15 opinions

1Opinion of the CourtStephens, J.

1. Where the execution of a contract is procured by duress, the person executing it may, after removal of the duress,' waive the duress'and ratify the contract. 9 R. C. L. 725, § 15; 13 C. J. 625, § 688; 35 A. L. R. 866 (note).

2. An admission of liability under the contract, made to the opposite party by a party who executed it under duress, after removal of the duress, amounts to a ratification of the contract and a waiver of the duress.

3. In a suit upon a promissory note, where the defendant pleaded that he executed the note as surety for his son under a threat of criminal prosecution of…

2Cases cited1 opinion

  1. Strickland v. Parlin & Orendorf Co.Supreme Court of Georgia · 1903

3Cited by15 opinions

  1. Charter Medical Management Co. v. Ware Manor, Inc.Court of Appeals of Georgia · 1981
  2. Tidwell v. CritzSupreme Court of Georgia · 1981
  3. Monk v. HoldenSupreme Court of Georgia · 1938
  4. Williams v. AmannDistrict of Columbia Court of Appeals · 1943
  5. Williams v. Rentz Banking Co.Court of Appeals of Georgia · 1966

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