Legal Opinion
Sikes v. Mallonee
Court of Appeals of Georgia
Decided October 4, 1912No. 3627PublishedCited by 3 opinions
• Action on guaranty; from city court of Savannah — Judge Davis Freeman. July 7, 1911:
1Opinion of the CourtRussell, J.
1. Lee leased in writing from Sikes certain timber lands upon certain terms and conditions. Mallonee guaranteed payment of the purcháse-money as set out in Lee’s contract. Subsequently the terms and conditions of the contract were materially modified. As Mallonee’s contract of guaranty had to be in writing (Civil Code, § 3222, par. 2), so likewise, under the general rule, any proposed modification thereof, to be effective, must also have been in writing. Southern Ry. Co. v. Smith, 106 Ga. 864 (33 S. E. 28); Miller v. Smith, 6 Ga. App. 448 (65 S. E. 292). And a contract of guaranty is no less…
2Cases cited3 opinions
- Augusta Southern Railroad v. Smith & Kilby Co.Supreme Court of Georgia · 1899
- Executors of Riggins v. BrownSupreme Court of Georgia · 1852
- Miller v. SmithCourt of Appeals of Georgia · 1909
3Cited by3 opinions
- Hendricks v. Enterprise Financial Corp.Court of Appeals of Georgia · 1991
- Missouri Finance Corp. v. RoosMissouri Court of Appeals · 1932
- Stein v. RichmanCourt of Appeals of Georgia · 1923