Hewlett v. Almand
Court of Appeals of Georgia
Complaint; from Rockdale superior court — Judge Hutcheson. November 24, 1919. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtJenkins, P. J.
1. An existing contract is superseded and discharged whenever the parties subsequently enter upon a valid and inconsistent agreement completely covering the subject-matter embraced by the original contract. American Sewer Pipe Co. v. Mathews, 19 Ga. App. 248 (3) (91 S. E. 284) ; Housekeeper Pub. Co. v. Swift, 97 Fed. 290 (38 C. C. A. 187).
2. Such a -subsequent agreement, amounting to a substitution of the former contract, may be collected from several different contemporaneous writings which when taken together constitute a new and complete agreement. 13 C. J. 304, § 126 (4). Thus, where…
2Cases cited2 opinions
- Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
- American Sewer Pipe Co. v. MathewsCourt of Appeals of Georgia · 1917
3Cited by16 opinions
- Hennessy v. WoodruffSupreme Court of Georgia · 1954
- Turner v. TurnerSupreme Court of North Carolina · 1955
- Whitley v. PatrickSupreme Court of Georgia · 1970
- Southeast Grading, Inc. v. City of AtlantaCourt of Appeals of Georgia · 1984
- Avary v. AvarySupreme Court of Georgia · 1947
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