Legal Question in Consumer Law in Georgia
Condition Precedent
Plaintiff/Contractor files a complaint for Breach of Contract. Defendant/Pro Se files a Motion to Dismiss for Failure to State a Claim - Claim fails to allege the ''condition precedent'' or a legal excuse why its not there.
P-Responds Denying Motion to Dismiss - Essentially acknowledging this is a ''Satisfaction Guarantee Contract'' but that only applies to financed sales, not cash sales, which they support with the affidavit of the Author/CEO/Salesman Contractor.
The sentence they quote follows a sentence they use in their complaint namely Contractor to do all work in ''Good and Workmanlike manner.'' Both sentences are within the same paragraph and the sentence they quote is not crossed off.
Both sentences in the paragraph were discussed at the signing of the contract as the ''Satisfaction Guarantee'' sentences and with particular detail in that Purchaser would be required to sign off that they were satisfied with the work before payment was due.
The finance paragraph is in fact crossed off.
Is the appropriate reaction to this ''Judge do you see what they just did, didn't they just rescinded the contract?'' - demonstrates no meeting of the minds. Does that ever actually happen in real life? What happens to Def Counterclaim if yes?
1 Answer from Attorneys
Re: Condition Precedent
I'm not sure what you are asking and it sounds like you have issues too complex and important for this type of forum. That being said, if you can show that the parties did not intend to agree on a term, it may not be enforced by the court.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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