DOWLING v. SOUTHWELL

36509.

95 Ga. App. 29 (1957)

96 S.E.2d 903

DOWLING v. SOUTHWELL.

Court of Appeals of Georgia.

Decided January 30, 1957.


Attorney(s) appearing for the Case

Johnson, Hatcher & Meyerson, Matthews, Maddox, Walton & Smith, for plaintiff in error.

Parker, Clary, Kent & Grubbs, contra.


CARLISLE, J.

1. Parties may by mutual consent abandon an existing contract between them so as to make it not thereafter binding and the contract may be rescinded by conduct as well as by words. Hennessy v. Woodruff, 210 Ga. 742 (82 S.E.2d 859); Shoup v. Elliott, 192 Ga. 858, 861 (16 S.E.2d 857).

2. An abandonment by both parties of an existing contract between them...

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