King v. Lipsey
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Lee superior court. November 4, 1913.
1Opinion of the CourtHill, J.
1. “Time is not generally of the essence of a contract; but, by express stipulation or reasonable construction, it may become so.” Civil Code (1910), § 4268, par. 8. But where time is of the essence of the contract, it may be waived; .and where the contract is not treated as at an end, but there is insistence as to the performance on the one side after the date of maturity, and a part performance accepted on the other, this amounts to a waiver. Steele Lumber Co. v. Laurens Lumber Co., 98 Ga. 329 (9), 357 (24 S. E. 755); Moody v. Griffin, 60 Ga. 459-461; Stewart v. Ellis, 130 Ga. 685 (3), 688…
2Cases cited3 opinions
- Steele Lumber Co. v. Laurens Lumber Co.Supreme Court of Georgia · 1896
- Stewart v. EllisSupreme Court of Georgia · 1908
- Moody v. GriffinSupreme Court of Georgia · 1878
3Cited by7 opinions
- Woodhull Corp. v. Saibaba Corp.Court of Appeals of Georgia · 1998
- Bolton v. BarberSupreme Court of Georgia · 1975
- Turner v. ChambersSupreme Court of Georgia · 1925
- Eaton v. HarwoodSupreme Court of Georgia · 1944
- Lee v. Wilmington Savings BankCourt of Appeals of Georgia · 1923
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