GA Code § 13-5-31 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 5 - Defenses|Article 2 - Statute of Frauds|§ 13-5-31. Agreements Enforceable Without Writing

 The provisions of Code Section 13-5-30 do not extend to the following cases:    When the contract has been fully executed;   Where there has been performance on one side, accepted by the other in accordance with the contract;   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.    (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 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). 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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Fully Executed Contracts   Full Performance Accepted on One Side   Part Performance    RESEARCH REFERENCES   ALR.    - Installation of fixtures as part performance which will take parol lease out of statute of frauds, 10 A.L.R. 1495.    Validity and effect of oral agreement in alternative, one of the alternatives being within the statute of frauds, 13 A.L.R. 271.    Applicability of statute of frauds to joint adventure or partnership to deal in real estate, 18 A.L.R. 484; 95 A.L.R. 1242; 128 A.L.R. 1520.    Discharge of existing debt (or crediting indebtedness) as part payment which will take contract out of statute of frauds, 23 A.L.R. 473.    Name of principal or of authorized agent, in body of instrument, as satisfying statute of frauds where transaction was not conducted by him, 28 A.L.R. 1114.    Statute of frauds: doctrine of part performance as applied to advance of money on oral agreement for mortgage on real estate, 30 A.L.R. 1403.    Character and extent of improvements necessary to constitute part performance, 33 A.L.R. 1489.    Accepting paid employment or remaining in such employment as part performance which will take oral contract to convey or devise real property out of statute of frauds, 40 A.L.R. 223.    Rights of parties under oral agreement to buy land or bid it in at judicial sale for another, 42 A.L.R. 10; 135 A.L.R. 232; 27 A.L.R. 1285.    Promise of landlord or tenant to pay for supplies furnished to tenant or subtenant as within statute of frauds in relation to contracts to answer for the debt, default, or miscarriage of another, 59 A.L.R. 179.    Doctrine of part performance as sustaining action at law based on contract within statute of frauds, 59 A.L.R. 1305.    Necessity and sufficiency of statement in writing of consideration or price for sale of goods or choses in action in order to satisfy statute of frauds, 59 A.L.R. 1422.    Oral agreement between joint obligors as to extent of liability inter se, 65 A.L.R. 822.    Failure to comply with statute of frauds as to a part of a contract within the statute as affecting the enforceability of another part not covered by the statute, 71 A.L.R. 479.    Extrinsic writing referred to in written agreement as part thereof for purposes of statute of frauds, 73 A.L.R. 1383.    Relation between doctrines of estoppel and part performance as basis of enforcement of contract not conforming to statute of frauds, 75 A.L.R. 650; 117 A.L.R. 939.    Effect of statute of frauds upon the right to modify by subsequent parol agreement, a written contract required by the statute to be in writing, 80 A.L.R. 539; 118 A.L.R. 1511.    Sufficiency of writing under statutes requiring agreements for the payment of commission, or authorizing or employing a broker for the sale or purchase of real estate for compensation or commission, or a memorandum thereof, to be in writing, 80 A.L.R. 1456.    Statute of frauds as affecting right to reformation of deed or mortgage so as to enlarge or restrict the land or interest covered, 86 A.L.R. 448.    Agreement for sale of buildings or material therein as one for sale of interest in real property within statute of frauds, 91 A.L.R. 1280.    Alterations or improvements by lessor as part performance taking lease out of statute of frauds, 101 A.L.R. 185.    Statute of frauds as applied to agreements of repurchase or repayment on sale of corporate stock or other personal property, 121 A.L.R. 312.    Money or other property in possession of seller, before contract was made, as satisfying condition of part payment which will take oral contract for sale of goods out of statute of frauds, 131 A.L.R. 1252; 170 A.L.R. 245.    Right to recover upon note, check, or other executory obligation representing consideration for a contract which the plaintiff is willing and able to perform, but which because of the statute of frauds would not have been enforceable against him, 132 A.L.R. 1486.    Statute of frauds as applicable to a contract to be responsible for another's funeral expenses, 134 A.L.R. 633.    Part performance predicated upon mortgagor's or judgment debtor's continuance of possession as taking out of the statute of frauds oral contracts between mortgagor and mortgagee subsequent to foreclosure or expiration of period of redemption, or between judgment debtor and execution purchaser subsequent to execution sale, 136 A.L.R. 262.    Retrospective applicability of statute of frauds, 148 A.L.R. 1325.    Oral contract of employment terminable by one, but not both, of the parties within one year as within provision of statute of frauds relating to contracts not to be performed within one year, 161 A.L.R. 290.    Vendor's willingness and ability to perform contract which does not satisfy statute of frauds as precluding purchaser's recovery back of payments made thereon, 169 A.L.R. 187.    Money or other property in possession of seller, before contract was made, as satisfying condition of part payment which will take oral contract for sale of goods out of statute of frauds, 170 A.L.R. 245.    Validity, construction, and application of guaranty of corporate stock, or dividends thereon, by one other than corporation, 170 A.L.R. 1171.    Applicability of statute of frauds to contracts to surrender, rescind, or abandon trusts, 173 A.L.R. 281.   Performance as taking contract not to be performed within a year out of the statute of frauds, 6 A.L.R.2d 1053.   Sale or contract for sale of standing timber as within provisions of statute of frauds respecting sale of contract of sale of real property, 7 A.L.R.2d 517.   What constitutes part performance sufficient to take agreement in consideration of marriage out of statute of frauds, 30 A.L.R.2d 1419.   Statute of frauds: promise by stockholder, officer, or director to pay debt of corporation, 35 A.L.R.2d 906.   Applicability of statute of frauds to promise to pay for medical, dental, or hospital services furnished to another, 64 A.L.R.2d 1071.   Doctrine of part performance with respect to renewal option in lease not complying with statute of frauds, 80 A.L.R.2d 425.   Recovery, on theory of quasi contract, unjust enrichment, or restitution, of money paid in reliance upon unenforceable promise to accept a bill of exchange or draft, 81 A.L.R.2d 587.   Buyer's note as payment within contemplation of statute of frauds, 81 A.L.R.2d 1355.   Statute of frauds: will or instrument in form of will as sufficient memorandum of contract to devise or bequeath, 94 A.L.R.2d 921.   Applicability of statute of frauds to agreement to rescind contract for sale of land, 42 A.L.R.3d 242.   Action by employee in reliance on employment contract which violates statute of frauds as rendering contract enforceable, 54 A.L.R.3d 715.   Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037.   Right of owner to recover for work or material expended on his own real property in reliance upon a void or unenforceable contract for its rental or sale, 64 A.L.R.3d 1191.   Application of parol evidence rule in action on contract for architect's services, 69 A.L.R.3d 1353.   Construction and application of UCC § 2-201(3)(c) rendering contract of sale enforceable notwithstanding statute of frauds with respect to goods for which payment has been made and accepted or which have been received and accepted, 97 A.L.R.3d 908.   Promise by one other than principal to indemnify one agreeing to become surety or guarantor as within statute of frauds, 13 A.L.R.4th 1153.