Performance, to be effectual, must be accomplished by the party bound to perform, or by his agent where personal skill is not required, or by someone substituted, by consent, in his place, and must be substantially in compliance with the spirit and the letter of the contract and completed within a reasonable time.
History. Orig. Code 1863, § 2811; Code 1868, § 2819; Code 1873, § 2870; Code 1882, § 2870; Civil Code 1895, § 3724; Civil Code 1910, § 4318; Code 1933, § 20-1101.
Cross references.
Delegation of performance under Uniform Commercial Code, § 11-2-210 .
Effect of absence of specific time provision in sales contracts under Uniform Commercial Code, § 11-2-309 .
Duty of administrator or executor to fulfill, when possible, decedent’s contractual obligations, § 53-7-9.
Law reviews.
For article discussing failure of consideration, see 4 Mercer L. Rev. 327 (1953).
For article surveying recent legislative and judicial developments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).