Legal Opinion
Acree v. Kay
Supreme Court of Georgia
Decided September 16, 1939No. 12944PublishedCited by 8 opinions
1Opinion of the Court
Duckworth, Justice.
“One simple contract as to the same matter, and on no new consideration, does not destroy another between the same parties; but if new parties are introduced by novation, so as to change the person to whom the obligation is due, the original contract is at an end.” Code, § 20-115. While that section refers to simple contracts, the principle of law which it declares has been applied by this court to all contracts, without regard to whether they were merely simple contracts or contracts under seal. There. *786is no reason why the sound legal principle embraced in that section…
2Cases cited6 opinions
- Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
- Nalley Land & Investment Co. v. Merchants & Planters BankSupreme Court of Georgia · 1938
- Brown v. HarrisSupreme Court of Georgia · 1856
- Dillard v. DillardSupreme Court of Georgia · 1903
- Keller v. BeatySupreme Court of Georgia · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DeRosa v. ShiahCourt of Appeals of Georgia · 1992
- M. W. Buttrill, Inc. v. Air Conditioning Contractors, Inc.Court of Appeals of Georgia · 1981
- Yancey Bros. v. BowlingCourt of Appeals of Georgia · 1955
- Chewning v. HuebnerCourt of Appeals of Georgia · 1977
- Loftis Plumbing & Heating Co. v. American Surety Co.Court of Appeals of Georgia · 1946
3 more not listed; retrieve them via the Exa API.