reglab/housing_qa huggingface dataset:
GA Code § 13-6-14 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 6 - Damages and Costs Generally|§ 13-6-14. Number of Actions for Breach of Contract

 If a contract is entire, only one action may be maintained for a breach thereof; but, if it is severable or if the breaches occur at successive periods in an entire contract, an action will lie for each breach; but all the breaches occurring up to the commencement of the action must be included therein.   (Orig. Code 1863, § 2880; Code 1868, § 2888; Code 1873, § 2939; Code 1882, § 2939; Civil Code 1895, § 3793; Civil Code 1910, § 4389; Code 1933, § 20-1401.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 88 et seq., 351 et seq. 51 Am. Jur. 2d, Limitation of Actions, § 28.   C.J.S.   - 17A C.J.S., Contracts, § 608. 25 C.J.S., Damages, §§ 4, 5. 54 C.J.S., Limitations of Actions, §§ 86, 87.   ALR.    - Provision in land contract for pecuniary forfeiture or penalty upon default of the purchaser as affecting the vendor's right to maintain an action for the purchase price, 32 A.L.R. 617.    Different benefits or claims of benefit under a policy of insurance as constituting a single cause of action or separate causes, 69 A.L.R. 889; 159 A.L.R. 563.    Liability for procuring breach of contract, 84 A.L.R. 43; 26 A.L.R.2d 1227.    Employer's breach of agreement regarding discharge or restoration after layoff of employee not employed for a fixed term, as creating a single cause of action, or repeated causes of action, as regards statute of limitation or the right to bring successive actions, 142 A.L.R. 797.    Party who insisted that contract be performed notwithstanding total breach or repudiation by other party as entitled to change his position and decline to perform on his own part, where other party did not proceed with performance or otherwise alter his position in reliance on a supposition of performance, 143 A.L.R. 489.    Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warranty as to conditions affecting cost, 173 A.L.R. 308.   Rights and remedies where broker or agent, employed to purchase personal property, buys it for himself, 20 A.L.R.2d 1140.   Building or construction contract providing for installment or "progress" payments as entire or divisible, 22 A.L.R.2d 1343.   Liability for procuring breach of contract, 26 A.L.R.2d 1227.   Measure or basis of attorney's recovery on express contract fixing noncontingent fees, where he is discharged without cause or fault on his part, 54 A.L.R.2d 604.   Effect of attempt to terminate employment or agency contract upon shorter notice than that stipulated in contract, 96 A.L.R.2d 272.   Liability for interference with invalid or unenforceable contract, 96 A.L.R.3d 1294.   Measure and elements of damages for breach of contract to lend money, 4 A.L.R.4th 682.   Recovery based on tort-feasor's profits in action for procuring breach of contract, 5 A.L.R.4th 1276.   Punitive damages for interference with contract or business relationship, 44 A.L.R.4th 1078.
GA Code § 13-7-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-2. Nature of Recoupment Generally

 Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the contract upon which suit is brought.   (Orig. Code 1863, § 2850; Code 1868, § 2858; Code 1873, § 2909; Code 1882, § 2909; Civil Code 1895, § 3756; Civil Code 1910, § 4350; Code 1933, § 20-1311.)   Cross references.   - Counterclaim and cross claim, § 9-11-13.    Effect of counterclaim exceeding opposing claim under Civil Practice Act, § 9-11-13.    Joinder of claims and remedies under Civil Practice Act, § 9-11-18.   Law reviews.   - For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application   Pleadings and Practice    RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 1, 2, 6, 10, 12, 17.   C.J.S.   - 80 C.J.S., Set-Off and Counterclaim, § 2.   ALR.   - Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.
GA Code § 13-7-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-5. Setoff of Demands Between Parties to Suits

 Between the parties themselves, any mutual demands existing at the time of the commencement of the suit may be set off.   (Orig. Code 1863, §§ 2841, 3394; Code 1868, §§ 2849, 3413; Code 1873, §§ 2900, 3465; Code 1882, §§ 2900, 3465; Civil Code 1895, §§ 3746, 5084; Civil Code 1910, §§ 4340, 5668; Code 1933, § 20-1302.)   Cross references.   - Counterclaim and cross-claim, § 9-11-13.    Joinder of claims and remedies under Civil Practice Act, § 9-11-18.   Law reviews.   - For article comparing sections of the Georgia Civil Practice Act with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 142, 143, 148.   C.J.S.   - 80 C.J.S., Set-off and Counterclaim, § 1 et seq.   ALR.    - Right to setoff deposit in insolvent bank against indebtedness to bank, 25 A.L.R. 938; 82 A.L.R. 665; 97 A.L.R. 588.    Character of claims available by way of setoff, counterclaim, or recoupment in action on construction contract, 46 A.L.R. 393.    Right to setoff, as against claim for rent accruing subsequent to assignment by lessor or sublessor, claim existing against assignor at time of assignment, 78 A.L.R. 824.    Availability as setoff or counterclaim of claim in favor of one alone of several defendants, 81 A.L.R. 781.    Right of setoff by or against bank or trust company as affected by division of its business into departments, 81 A.L.R. 1508.    Set-off as between dividends from assets of insolvent bank or other corporation and liability of creditors as stockholders, 91 A.L.R. 326.    Counterclaim or setoff as defense to proceeding to revive judgment, 131 A.L.R. 802.    Right of setoff as between debt represented by instrument held in pledge to secure debt of owner (third person) and debt of pledgee to obligor of such instrument, 145 A.L.R. 1006.    Right of attorney to set off claim for unrelated services against client's claim for money collected, 173 A.L.R. 429.   Waiver or estoppel with respect to debtor's assertion, as setoff or counterclaim against assignee, of claim valid as against assignor, 51 A.L.R.2d 886.
GA Code § 13-7-6 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-6. Setoff of Claims or Demands Against Beneficiaries of Suits

 If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed.   (Orig. Code 1863, § 2844; Code 1868, § 2852; Code 1873, § 2903; Code 1882, § 2903; Civil Code 1895, § 3749; Civil Code 1910, § 4343; Code 1933, § 20-1304.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, § 82.   C.J.S.   - 70 C.J.S., Set-Off and Counterclaim, § 71.
GA Code § 13-7-7 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-7. Allowance of Setoff Against Original Payee in Action by Holder or Transferee of Negotiable Instrument Received Under Dishonor

 When suit is brought by a holder or transferee on a negotiable instrument received under dishonor, no setoff shall be allowed against the original payee except such as is in some way connected with the debt sued on or the transaction from which it sprang.   (Orig. Code 1863, § 2845; Code 1868, § 2853; Code 1873, § 2904; Code 1882, § 2904; Civil Code 1895, § 3750; Civil Code 1910, § 4344; Code 1933, § 20-1305.)   Cross references.   - Liability of parties to negotiable instruments generally, § 11-3-401 et seq.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 11 Am. Jur. 2d, Bills and Notes, § 1027. 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, § 31.   C.J.S.   - 70 C.J.S., Set-Off and Counterclaim, §§ 40 et seq., 49 et seq.   ALR.    - Setoff or counterclaim between prior parties to a negotiable instrument as available against one not a holder in due course, 70 A.L.R. 245.    What amounts to waiver, estoppel, or loss of bank's right to set off depositor's indebtedness against deposit or to apply deposit upon indebtedness, 143 A.L.R. 453.   Waiver or estoppel with respect to debtor's assertion, as setoff or counterclaim against assignee, of claim valid as against assignor, 51 A.L.R.2d 886.
GA Code § 13-7-8 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-8. Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate

 A debt of a testator or intestate is not a proper setoff against a debt contracted with the representative of the estate unless both were contracted during the lifetime of the decedent.   (Orig. Code 1863, § 2846; Code 1868, § 2854; Code 1873, § 2905; Code 1882, § 2905; Civil Code 1895, § 3751; Civil Code 1910, § 4345; Code 1933, § 20-1306.)   Cross references.   - Counterclaim and cross-claim, § 9-11-13.    Joinder of claims and remedies under Civil Practice Act, § 9-11-18.   JUDICIAL DECISIONS    Claim brought before death of testator may be setoff. Nix v. Ellis, 118 Ga. 345, 45 S.E. 404 (1903).    Cited in Drew v. Drew, 25 Ga. App. 355, 103 S.E. 196 (1920); Shingler v. Furst, 176 Ga. 497, 168 S.E. 557 (1933); National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256 (1966).   RESEARCH REFERENCES   ALR.    - Right of set-off as between decedent's debt to corporation and dividend declared by corporation after his death, 84 A.L.R. 738.
GA Code § 13-7-9 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-9. Allowance of Setoff of Distributive Share in Estate Against Judgment Against Legatee or Owner of Share

 A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment.   (Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307.)
GA Code § 13-7-11 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-11. Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff

 If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable terms as may be prescribed by the court.   (Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755; Civil Code 1910, § 4349; Code 1933, § 20-1309.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, § 33.   ALR.    - Right to setoff deposit in insolvent bank against indebtedness to bank, 25 A.L.R. 938; 82 A.L.R. 665; 97 A.L.R. 588.    Immaturity of claim against insolvent at time of insolvency proceedings as affecting right of setoff, 43 A.L.R. 1325; 51 A.L.R. 1477.    Right and remedy as regards application of debt due from insolvent as between debts owed by creditor to insolvent, 86 A.L.R. 993.    Set-off as between dividends from assets of insolvent bank or other corporation and liability of creditors as stockholders, 91 A.L.R. 326.    Fractional interest in debt as subject of setoff, 139 A.L.R. 1328.   Bank's right to set off unmatured claims as against receiver, assignee for benefit of creditors, or trustee in bank's right to setoff unmatured claims as against receiver, assignee for benefit of creditors, or trustee in bankruptcy, of insolvent depositor, 37 A.L.R.2d 850.
GA Code § 13-7-12 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-12. Grounds for Allowance of Recoupment Generally

 Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake.   (Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 1, 2, 6, 10, 12, 17.   C.J.S.   - 80 C.J.S., Set-Off and Counterclaim, §§ 2, 13, 14.   ALR.    - Character of claims available by way of setoff, counterclaim, or recoupment in action on construction contract, 46 A.L.R. 393.    Payments made under unenforceable contract as applicable in reduction of amount recoverable on quantum meruit, 76 A.L.R. 1412.   Right of counterclaim, setoff, and the like, of defendant against partners individually, in action to enforce partnership claim, 39 A.L.R.2d 295.   Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.   Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.
GA Code § 13-7-13 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-13. Actions in Which Recoupment May Be Pleaded; Procedure Where Damages of Defendant Exceed Damages of Plaintiff

 Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract.   If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff.   (Orig. Code 1863, § 2853; Code 1868, § 2861; Code 1873, § 2912; Ga. L. 1878-79, p. 147, § 1; Code 1882, § 2912; Civil Code 1895, § 3759; Civil Code 1910, § 4353; Code 1933, § 20-1314.)   Cross references.   - Counterclaim and cross-claim, § 9-11-13.    Joinder of claims and remedies under Civil Practice Act, § 9-11-18.   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Recoupment in Tort   Application   Pleading and Practice    RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Counterclaim, Recoupment and Setoff, §§ 1, 2, 6, 10, 12, 17.   C.J.S.   - 80 C.J.S., Set-Off and Counterclaim, § 13.   ALR.    - Counterclaim or setoff as defense to proceeding to revive judgment, 131 A.L.R. 802.   Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.   Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.
GA Code § 13-7-14 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 7 - Setoff and Recoupment|§ 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9

 In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the conflict.
GA Code § 13-9-1 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-1. Definitions

 As used in this chapter, the term:    "Contract for sale" means sales, purchases, agreements of sale, agreements to sell, and agreements to purchase; and   "Person" means individuals, associations, partnerships, and corporations.    (Ga. L. 1929, p. 245, § 1; Code 1933, § 20-601.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17 Am. Jur. 2d, Contracts, §§ 1 et seq., 5 et seq.
GA Code § 13-9-3 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-3. Contracts of Sale for Future Delivery of Cotton, Grain, Stocks, or Other Commodities, Absent Bona Fide Intention of Parties as to Delivery, Execution of Contract Upon Floor of Exchange Declared Null and Void; Penalty for Entering Into or Assisting Entering Into Such Contracts

  Any contract of sale for future delivery of cotton, grain, stocks, or other commodities shall be null and void and unenforceable in any court by any party thereto where it is not the bona fide intention of a party to the contract that the cotton, grain, stocks, or other commodities mentioned therein are to be delivered, but that the contract be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange, or other similar institution, without any actual bona fide execution and the carrying out of such contract upon the floor of such exchange, board of trade, or similar institution, in accordance with the rules thereof.   Any person, either as agent or principal, who enters into or assists in making a contract of sale for the future delivery of cotton, grain, stocks, or other commodities of the nature provided for in subsection (a) of this Code section shall be guilty of a felony and, upon conviction, shall be imprisoned for a period not exceeding two years.    (Ga. L. 1929, p. 245, §§ 3, 6; Code 1933, §§ 20-603, 20-9901.)   Cross references.   - Gambling generally, § 16-12-20.   Law reviews.   - For note, "Recovery of Losses on Cotton Futures," see 1 Ga. L. Rev. No. 1, p. 43 (1927).   JUDICIAL DECISIONS    Cited in Fenner & Beane v. Calhoun, 56 Ga. App. 823, 194 S.E. 51 (1937); Mitchell-Huntley Cotton Co. v. Lawson, 377 F. Supp. 661 (M.D. Ga. 1973).   RESEARCH REFERENCES   ALR.    - Violation of statute relating to bucket shops or bucket shop transactions as ground of action by customer or patron, 113 A.L.R. 853.
GA Code § 13-9-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-4. Furnishing of Written Statement as to Location, Date, and Other Details of Execution of Contract for Future Delivery of Cotton, Grain, Stocks to Principal for Whom Contract Executed; Effect of Failure to Furnish Statement

 Every person shall furnish upon demand, to any principal for whom such person has executed any contract for future delivery of any cotton, grain, stocks, or other commodities, a written instrument setting forth the name and location of the exchange, board of trade, or similar institution upon which such contract has been executed, the date of the execution of the contract, and the name and address of the person with whom such contract was executed; and if such person shall refuse or neglect to furnish such statement upon reasonable demand, such refusal or neglect shall be prima-facie evidence that such contract was an illegal contract within the provisions of Code Section 13-9-3 and that the person who executed it was engaged in the maintenance and operation of a bucket shop within the provisions of Code Section 13-9-6.   (Ga. L. 1929, p. 245, § 5; Code 1933, § 20-605.)   RESEARCH REFERENCES   C.J.S.   - 17 C.J.S., Contracts, § 9.   ALR.    - Nature and validity of "hedging" transactions on the commodity market, 20 A.L.R. 1422.    Accountability to owner of one who receives funds for "bucket shop" transaction from third person acting without authority, 35 A.L.R. 427.
GA Code § 13-9-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-5. Organization of Cotton Exchanges, Boards of Trade to Receive and Post Quotations; Adoption of Rules and Regulations; Inspection of Books

 There may be organized in any municipality voluntary associations to be known as cotton exchanges, boards of trade, or similar institutions, to receive and post quotations on cotton, grain, stocks, or other commodities for the benefit of the members or other persons engaged in the production of cotton, grain, stocks, or other commodities. Such associations shall adopt a uniform set of rules and regulations not incompatible with the laws of this state and of the United States. Such associations shall open their books to inspection by all proper courts and officers when required to do so.   (Ga. L. 1929, p. 245, § 7; Code 1933, § 20-606.)
GA Code § 13-9-6 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-6. Maintenance or Operation of Bucket Shop

  As used in this Code section, the term "bucket shop" means any place of business in which contracts of the nature provided for in Code Section 13-9-3 are made.   The maintenance or operation of a bucket shop is prohibited.   Any person, either as agent or principal, who maintains or operates a bucket shop shall be guilty of a felony and, upon conviction, shall be imprisoned for a period not exceeding two years.    (Ga. L. 1929, p. 245, §§ 4, 6; Code 1933, §§ 20-604, 20-9901.)   Cross references.   - Keeping a gambling place, § 16-12-23.   RESEARCH REFERENCES   ALR.    - Accountability to owner of one who receives funds for "bucket shop" transaction from third person acting without authority, 35 A.L.R. 427.    Violation of statute relating to bucket shops or bucket shop transactions as ground of action by customer or patron, 113 A.L.R. 853.   Right or duty to refuse telephone, telegraph, or other wire service in aid of illegal gambling operations, 30 A.L.R.3d 1143.
GA Code § 13-9-7 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc|§ 13-9-7. Effect of Conflict Between Provisions of Chapter and Uniform Commercial Code

 In the event of a conflict between this chapter and Title 11, the "Uniform Commercial Code," the Uniform Commercial Code shall control.
GA Code § 13-11-1 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-1. Short Title

 This chapter shall be known and may be cited as the "Georgia Prompt Pay Act."    (Code 1981, §13-11-1, enacted by Ga. L. 1994, p. 1398, § 1.)   Law reviews.   - For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey on admiralty, see 62 Mercer L. Rev. 1053 (2011).   JUDICIAL DECISIONS   No genuine issue of material fact as to substantial performance.    - Trial court did not err by granting summary judgment to the Georgia Department of Transportation (DOT) as to the sureties' claims for breach of contract and violation of the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq., because there was no issue of material fact as to whether a contractor's and the sureties' failure to comply with the claim notice provisions of the contract were waived by the DOT. Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).    Cited in Pipe Solutions, Inc. v. Inglis, 291 Ga. App. 328, 661 S.E.2d 683 (2008); Christie v. Rainmaster Irrigation, Inc., 299 Ga. App. 383, 682 S.E.2d 687 (2009).