Talerica v. Grove Park Plumbing Service
Court of Appeals of Georgia
1Opinion of the Court
Townsend, Presiding Judge.
1. Contracts .are to be given a reasonable construction in view of the result to be effectuated. “Where, in such cases, a promise is implied to do those things which according to reason and justice the promisor should do in order to carry out the purpose for which the contract was made, the nature of such implied promise is gathered from the facts and circumstances surrounding the parties at the time the contract was entered into.” 12 Am. Jur.; 767, Contracts, § 239. Thus, a contract to build may carry with it the implied obligation to do those things necessary for…
2Cases cited2 opinions
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- Morrow Transfer & Storage Co. v. Wells Bros.Court of Appeals of Georgia · 1921
3Cited by7 opinions
- Howell v. AyersCourt of Appeals of Georgia · 1973
- Mabry v. HenleyCourt of Appeals of Georgia · 1971
- Pitman v. Dixie Ornamental Iron Co.Court of Appeals of Georgia · 1970
- Hiers-Wright Associates, Inc. v. Manufacturers Hanover Mortgage Corp.Court of Appeals of Georgia · 1987
- M.C. Anderson v. GoldenDistrict Court, S.D. Georgia · 1982
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