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VERNER v. McLARTY

19774, 19799.

213 Ga. 472 (1957)

99 S.E.2d 890

VERNER v. McLARTY, Executor, et al. McLARTY, Executor v. VERNER et al.

Supreme Court of Georgia.

Decided September 6, 1957.

Attorney(s) appearing for the Case

Eugene R. Simons, Alford Wall, Wall & Maddox, contra.

Eugene R. Simons, for plaintiff in error on cross-bill.

Marion A. Sams, Alford Wall, contra.

HEAD, Justice.

1. Where parties depart from the terms of a contract and receive or pay money under the departure, reasonable notice must be given to the other party of the intention to rely upon the exact terms of the contract before there can be any recovery for failure to comply with its exact terms. Until notice, such departure is a quasi new agreement. Code § 20-116; Eaves & Collins v. Cherokee Iron Co., 73 Ga. 459; Hasbrouck v. ...

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