As a general rule, the contract of bailment is an entire contract and a full performance is a condition precedent to an action upon it.
(Orig. Code 1863, § 2081; Code 1868, § 2076; Code 1873, § 2102; Code 1882, § 2102; Civil Code 1895, § 2920; Civil Code 1910, § 3493; Code 1933, § 12-105.)
Cross references.- Tender of delivery of goods possessed by bailee for delivery under contract of sale, § 11-2-503.
JUDICIAL DECISIONS
Bailor's refusal to allow remedy of defects grounds for bailee's suit.
- Where a bailee made repairs alleged to be unsatisfactory by the bailor and offered within a reasonable time to remedy the defects, time not being of the essence of the contract, upon the bailor's refusal to allow the corrections to be made, the bailee was entitled under O.C.G.A. § 44-12-41 to sue upon the contract for the full contract price. Byck v. Weiler Co., 3 Ga. App. 387, 59 S.E. 1126 (1908).