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. (Civil Code 1895, § 3642; Civil Code 1910, § 4227; Code 1933, § 20-116.)
O.C.G.A. § 13-4-4
Effect of mutual departure from contract terms
Applied in 2 court decisions — leading case OCA, Inc. v. Bush (In Re OCA, Inc.) (2007)
Most recently applied in Canpartners Realty Holding Co. IV v. Vallambrosa Holdings, L.L.C. (In Re Vallambrosa Holdings, L.L.C.) (June 2009)
of Code section. — This Code section is derived from the decision in Eaves & Collins v
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.