Legal Opinion

King v. Lipsey

Supreme Court of Georgia

Decided December 17, 1914PublishedCited by 7 opinions

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

  1. Steele Lumber Co. v. Laurens Lumber Co.Supreme Court of Georgia · 1896
  2. Stewart v. EllisSupreme Court of Georgia · 1908
  3. Moody v. GriffinSupreme Court of Georgia · 1878

3Cited by7 opinions

  1. Woodhull Corp. v. Saibaba Corp.Court of Appeals of Georgia · 1998
  2. Bolton v. BarberSupreme Court of Georgia · 1975
  3. Turner v. ChambersSupreme Court of Georgia · 1925
  4. Eaton v. HarwoodSupreme Court of Georgia · 1944
  5. Lee v. Wilmington Savings BankCourt of Appeals of Georgia · 1923

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API