Weathercraft Co. v. Byrd

“A party to a contract who has partly performed his obligations thereunder by rendering valuable services may, where it appears that the opposite party has repudiated and abandoned the contract, or has prevented the former from further performance, waive his right to recover for a breach of the contract, and, by treating the contract as rescinded, maintain an action in quantum meruit against the other contracting party for the value of the services rendered. Beck v. Thompson, 108 Ga. 243 (33 S. E. 894). The doctrine of Blue v. Ford, *37012 Ga. 45, as distinguished and explained in Tumlin v. Bass…