Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
(Code 1933, § 109A-2 - 720, enacted by Ga. L. 1962, p. 156, § 1.)
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).
JUDICIAL DECISIONS
Effect of cancellation.
- Even if cancellation occurs, unless it is done with a waiver of rights, a claim for damages is not necessarily barred. Poultry Health Serv. of Ga., Inc. v. Moxley, 538 F. Supp. 276 (S.D. Ga. 1982).
Cited in Waller v. Scheer, 175 Ga. App. 1, 332 S.E.2d 293 (1985).
RESEARCH REFERENCES
Am. Jur. 2d.
- 67A Am. Jur. 2d, Sales, §§ 856, 857.
6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:804.
C.J.S.- 77A C.J.S., Sales, §§ 114, 147 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 2-720.
ALR.
- Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.
Repossession of chattels by seller upon their return or abandonment by buyer as effecting a mutual rescission or as evidence thereof, 106 A.L.R. 703.
Abandonment of possession as prerequisite to vendee's suit to obtain a rescission or to recover back money paid, 142 A.L.R. 582.