(Code 1933, § 109A-2 - 716, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2001, p. 362, § 8.)
The 2001 amendment, effective July 1, 2001, in subsection (3), substituted "the buyer" for "he" in the first sentence and added the last sentence.
Cross references.- Specific performance generally, § 23-2-130 et seq.
Law reviews.- For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For note, "David Tunick, Inc. v. Kornfield: Applying U.C.C. Section 2-716 and Uniqueness to a Section 2-508 Analysis," see 45 Mercer L. Rev. 1407 (1994).
JUDICIAL DECISIONS
Cited in R.C. Craig, Ltd. v. Ships of Sea, Inc., 345 F. Supp. 1066 (S.D. Ga. 1972); Duval & Co. v. Malcom, 233 Ga. 784, 214 S.E.2d 356 (1975); R.L. Kimsey Cotton Co. v. Ferguson, 233 Ga. 962, 214 S.E.2d 360 (1975).
RESEARCH REFERENCES
Am. Jur. 2d.
- 71 Am. Jur. 2d, Specific Performance, § 172.
6 Am. Jur. Pleading and Practice Forms, Commercial Code, §§ 2:747, 2:779. 22B Am. Jur. Pleading and Practice Forms, Specific Performance, § 3.
C.J.S.- 77 C.J.S., Replevin, § 27 et seq. 77A C.J.S., Sales, §§ 375, 389. 81 C.J.S., Specific Performance, § 80 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 2-716.
ALR.
- Right of party who has once refused to perform to have specific performance of contract, 2 A.L.R. 416.
Specific performance of written executory contract for lease of real property, 31 A.L.R. 502; 173 A.L.R. 1161.
Loss or destruction of property pending replevin action as affecting liability under bond given therein, 31 A.L.R. 1290.
A provision in land contract for pecuniary forfeiture or penalty by a party in default as affecting the right of the other party to specific performance, 32 A.L.R. 584; 98 A.L.R. 877.
Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.
Right to litigate rescission of contract in replevin action, 94 A.L.R. 960.
Right of one seeking specific performance to recover as damages an amount measured by depreciation in value of property itself, or in its market price or value, subsequent to defendant's default, 105 A.L.R. 1421.
Remedy of specific performance as available to vendee's assignee, 138 A.L.R. 205.
Claim of interest in property or other conduct of defendant, after commencement of replevin action, as excusing or waiving demand, 145 A.L.R. 743.
Persons not in possession at commencement of action at law to recover personal property as necessary or proper parties defendant, 145 A.L.R. 905.
Sale price of property as sufficient evidence of value to support alternative money judgment in replevin action between the parties to the sale or between one of the parties and a third person, 149 A.L.R. 1027.
Right to satisfy judgment requiring return of property in defendant's possession by payment of damages, where return would subject defendant to loss, 159 A.L.R. 546.
Right of plaintiff in replevin to damages for detention of property during pendency of action as affected by his failure to claim immediate possession by complying with statutory provisions in that regard, 164 A.L.R. 758.
Specific performance of contract or option as affected by unexecuted provision for determination of price by arbitrators or appraisers, 167 A.L.R. 727.
Right of purchaser in making tender to deduct from agreed purchase price amount of obligations which it is the vendor's duty to satisfy, 173 A.L.R. 1309.
Recovery of damages in replevin for usable value of property detained, by successful party having only security interest as conditional vendor, chattel mortgagee, or the like, 33 A.L.R.2d 774.
Allowance, in replevin action, of loss of profits from deprivation of use of detained property, 48 A.L.R.2d 1053.
Proper county for bringing replevin, or similar possessory action, 60 A.L.R.2d 487.
Recovery of attorney's fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.
Maintainability of replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.
Specific performance of agreement for sale of private franchise, 82 A.L.R.3d 1102.
Specific performance of sale of goods under UCC § 2-716, 26 A.L.R.4th 294.