Legal Opinion
Spence v. Carter
Court of Appeals of Georgia
Decided December 17, 1924No. 15353PublishedCited by 8 opinions
1Opinion of the CourtJenkins, P. J.
1. An action lies in this State for the breach of a promise of marriage, independently of statute, by the common law here recognized. Parker v. Forehand, 99 Ga. 743 (1) (28 S. E. 400). Upon the absolute renunciation of such a contract by the promisor, the plaintiff is not obliged to wait Until the time for performance has arrived before bringing suit, but may treat the contract as broken bjr the defendant and bring suit at once. Anderson v. Kirby, 125 Ga. 62, 66 (54 S. E. 197, 114 Am. St. Rep. 185, 5 Ann. Cas. 103).
2. It is not essential that the time for,the performance of a contract of…
2Cases cited20 opinions
- Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
- Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- McMillan v. Heard National BankCourt of Appeals of Georgia · 1917
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thorpe v. CollinsSupreme Court of Georgia · 1980
- Davis v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1950
- Hefner v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1929
- Progressive Casualty Insurance v. EvansCourt of Appeals of Georgia · 2005
- Yellow Cab Co. v. General Lumber Co.Court of Appeals of Georgia · 1926
3 more not listed; retrieve them via the Exa API.