Legal Opinion
Myers v. Aarons
Court of Appeals of Georgia
Decided September 22, 1923No. 14057PublishedCited by 11 opinions
1Opinion of the CourtStephens, J.
1. 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from further performance, waive his right to recover for a breach of the contract, and, by treating the contract as rescinded, maintain an action in quantum meruit against the other contracting party for the value of the services rendered. Beak v. Thompson, 108 Ga. 243 (33 S. E. 894). The doctrine of Blue v. Ford, 12 Ga. 45, as distinguished and explained in Tumlin v.…
2Cases cited4 opinions
- Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
- Beck v. Thompson & Taylor Spice Co.Supreme Court of Georgia · 1899
- Blue v. FordSupreme Court of Georgia · 1852
- Southern Printers' Supply Co. v. FelkerSupreme Court of Georgia · 1906
3Cited by11 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Brumby v. SMITH & PLASTER CO. OF GEORGIACourt of Appeals of Georgia · 1971
- Shubert v. SpeirSupreme Court of Georgia · 1946
- Brown v. HOME SECURITY CORPORATIONCourt of Appeals of Georgia · 1962
- Redman Development Corp. v. PollardCourt of Appeals of Georgia · 1974
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