§ 13-5-31. Agreements Enforceable Without Writing

The provisions of Code Section 13-5-30 do not extend to the following cases:

1. When the contract has been fully executed;
2. Where there has been performance on one side, accepted by the other in accordance with the contract;
3. Where there has been such part performance of the contract as would render it a fraud of the party refusing to comply if the court did not compel a performance.

History. 29 Car. II, c. 3, Cobb’s 1851 Digest, p. 1127.; Ga. L. 1853-54, p. 58, § 1; Code 1863, § 1953; Code 1868, § 1941; Code 1873, § 1951; Code 1882, § 1951; Civil Code 1895, § 2694; Civil Code 1910, § 3223; Code 1933, § 20-402.

Cross references.

Parol contract between employer and overseer, § 10-6-121 .

Law reviews.

For comment on Baxley Hdwe. Co. v. Morris, 165 Ga. 359 , 140 S.E. 869 (1927), see 1.Ga. L. Rev. No. 3 P. 51 (1927).

For article discussing the anachronistic nature of the Georgia contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in the Restatements of Contracts and in Code 1933, Title 20 (now this title), and the interpretative approach Georgia courts have taken in dealing with such Code, see 13 Ga. L. Rev. 499 (1979). (But see amendments by Ga. L. 1981, p. 876.)

For article, “Promissory Estoppel and the Georgia Statute of Frauds,” see 15 Ga. L. Rev. 204 (1980).