Legal Opinion
Dowling v. Southwell
Court of Appeals of Georgia
Decided January 30, 1957No. 36509PublishedCited by 16 opinions
1Opinion of the CourtCarlisle, J.
1. Parties may by mutual consent abandon an existing contract between them so as to make it not thereafter binding and the contract may be rescinded by conduct as well as by words. Hennessy v. Woodruff, 210 Ga. 742 (82 S. E. 2d 859); Shoup v. Elliott, 192 Ga. 858, 861 (16 S. E. 2d 857).
2. An abandonment by both parties of an existing contract between them precludes either from complaining of a breach of the contract. Haigler v. Adams, 5 Ga. App. 637 (63 S. E. 715); Eaves & Collins v. Cherokee Iron Co., 73 Ga. 459.
3. “It is an elementary rule of construction, as applied to a pleading, that it…
2Cases cited6 opinions
- Krueger v. MacDougaldSupreme Court of Georgia · 1918
- Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
- Hennessy v. WoodruffSupreme Court of Georgia · 1954
- Eaves & Collins v. Cherokee Iron Co.Supreme Court of Georgia · 1885
- Shoup v. ElliottSupreme Court of Georgia · 1941
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morrison v. BowenCourt of Appeals of Georgia · 1962
- Davidson v. Consolidated Quarries Corp.Court of Appeals of Georgia · 1959
- Belch v. SprayberryCourt of Appeals of Georgia · 1958
- Holloway v. GiddensSupreme Court of Georgia · 1977
- Farr v. McCookCourt of Appeals of Georgia · 1957
11 more not listed; retrieve them via the Exa API.