Tate v. Atlanta Joint Stock Land Bank
Supreme Court of Georgia
1Opinion of the Court
Bell, Justice.
(After stating the foregoing facts.)
In Provident Savings Life Assurance Society v. Georgia Industrial Co., 124 Ga. 399 (2) (52 S. E. 289), this court held: “A provision in a security deed for accelerating the maturity of the debt should not be so construed as to work hardship on the borrower, where there has been a bona fide effort on his part to comply with his covenant, and the circumstances are such that his efforts at compliance were apparently acceptable to the lender. In such a case, when there has been no waiver of the covenant by the lender, good faith requires that he…
2Cases cited15 opinions
- Jones v. GloverSupreme Court of Georgia · 1893
- Studdard v. HawkinsSupreme Court of Georgia · 1913
- Provident Savings Life Assurance Society v. Georgia Industrial Co.Supreme Court of Georgia · 1905
- Gilford v. GreenCourt of Appeals of Georgia · 1924
- Kenly v. Huntingdon Building Ass'nCourt of Appeals of Maryland · 1934
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3Cited by3 opinions
- Selph v. WilliamsSupreme Court of Georgia · 2008
- Kontz v. Citizens & Southern National BankSupreme Court of Georgia · 1935
- Woodward v. LaPorteSupreme Court of Georgia · 1936