Absence of Specific Time Provisions; Notice of Termination

1. Law
2. Georgia Code
3. Commercial Code
4. Sales
5. General Obligation and Construction of Contract
6. Absence of Specific Time Provisions; Notice of Termination

1. The time for shipment or delivery or any other action under a contract if not provided in this article or agreed upon shall be a reasonable time.
2. Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
3. Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.

(Code 1933, § 109A-2 - 309, enacted by Ga. L. 1962, p. 156, § 1.)

Cross references.

- Effect of absence of specific time provision in contract, § 13-4-20.

JUDICIAL DECISIONS

Plaintiff did not provide aggregate material within a timely manner.

- Trial court did not err in granting summary judgment in favor of the plaintiff on the defendants' counterclaim for breach of contract because, although the defendants alleged that the plaintiff was required to provide aggregate material within a specific schedule, but, on numerous occasions, it had failed to do so, the defendants failed to point to evidence of the contractual terms imposing the specific schedules, or, in other words, the dates by which the plaintiff had to deliver the aggregate material for seven projects; and, without pointing to evidence of the contractually required delivery dates for the materials for the seven projects, the defendants could not show that the plaintiff failed to deliver the materials in a timely manner. Douglas Asphalt Co. v. Martin Marietta Aggregates, 339 Ga. App. 435, 793 S.E.2d 615 (2016).

Cited in Taunton v. Allenberg Cotton Co., 378 F. Supp. 34 (M.D. Ga. 1973); Deck House, Inc. v. Scarborough, Sheffield & Gaston, Inc., 139 Ga. App. 173, 228 S.E.2d 142 (1976); Maderas Tropicales v. Southern Crate & Veneer Co., 588 F.2d 971 (5th Cir. 1979); Jeff Goolsby Homes Corp. v. Smith, 168 Ga. App. 218, 308 S.E.2d 564 (1983); Lundy v. Low, 200 Ga. App. 332, 408 S.E.2d 144 (1991); Drug Line v. Sero-Immuno Diagnostics, Inc., 217 Ga. App. 530, 458 S.E.2d 170 (1995); Club Car, Inc. v. Club Car (Quebec) Import, Inc., 276 F. Supp. 2d 1276 (S.D. Ga. 2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 295, 296.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:118.

C.J.S.

- 77A C.J.S., Sales, §§ 139, 140.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-309.

ALR.

- Vendor's acceptance of payment tendered after time specified as waiver of provision making time of essence of contract, 9 A.L.R. 996.

Rights and remedies upon cancelation of sales agency, 32 A.L.R. 209; 52 A.L.R. 546; 89 A.L.R. 252.

Buyer's duty to give seller instructions to ship where former has not exercised his option under contract to require shipment before time specified, 119 A.L.R. 1495.

Termination by principal of distributorship contract containing no express provision for termination, 19 A.L.R.3d 196.

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