Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given to the other of intention to rely on the exact terms of the agreement. The contract will be suspended by the departure until such notice.
History. Civil Code 1895, § 3642; Civil Code 1910, § 4227; Code 1933, § 20-116.
History of Code section.
This Code section is derived from the decision in Eaves & Collins v. Cherokee Iron Co., 73 Ga. 459 (1885).
Cross references.
Retraction of waiver or modification of contract terms under Uniform Commercial Code, § 11-2-209 .
Course of performance as modification or waiver of contract terms under Uniform Commercial Code, § 11-2-208 .
Law reviews.
For article surveying Georgia cases dealing with commercial law from June 1977 through May 1978, see 30 Mercer L. Rev. 15 (1978).
For article surveying Georgia cases in the area of commercial law from June 1979 through May 1980, see 32 Mercer L. Rev. 11 (1980).
For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981).
For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).
Structure Georgia Code