Legal Opinion
MILLER-TERRELL INC. v. Strother
Court of Appeals of Georgia
Decided February 28, 1952No. 33932PublishedCited by 5 opinions
1Opinion of the CourtFelton, J.
The plaintiff based its cause of action on the agreement with Simmons which it alleged the defendants “ratified.” It alleged that the defendants were substituted for Simmons in the agreement. In substance it alleged a novation of the contract and is therefore governed by the law of novation. There are four essential elements of a novation: (1) a previous valid obligation, (2) the agreement of all the parties to the new contract, (3) the extinguishment of the old contract, (4) the validity of the new one. Savannah Bank & Trust Co. v. Wolff, 191 Ga. 111, 120 (11 S. E. 2d, 766); Cowart v. Smith,…
2Cases cited2 opinions
- Savannah Bank & Trust Co. v. WolffSupreme Court of Georgia · 1940
- Cowart v. SmithCourt of Appeals of Georgia · 1948
3Cited by5 opinions
- Franchise Enterprises, Inc. v. RidgewayCourt of Appeals of Georgia · 1981
- J. W. Scarboro, Jr., and Mrs. Nan C. Scarboro v. Universal C. I. T. Credit CorporationCourt of Appeals for the Fifth Circuit · 1966
- International Harvester Credit Corp. v. ClennyDistrict Court, M.D. Georgia · 1981
- Rockwell International Corp. v. RiddickDistrict Court, N.D. Georgia · 1987
- Lewis v. StorchCourt of Appeals of Georgia · 1969