Supreme Court of Georgia, 1979

Rizk v. Jones

Supreme Court of Georgia · Decided April 5, 1979 · Per Curiam

255 S.E.2d 19; 243 Ga. 545; 1979 Ga. LEXIS 983 (South Eastern Reporter, Second Series)

Cases that cite this one

17 later published cases cite this decision.

Ralls Corp. v. Huerfano River Wind, LLC (United States District Court for the Northern District of Georgia 2014)
Gilmore v. Citigroup, Inc. (1st Cir. 2008)
Jose Maiz v. Amir Virani (11th Cir. 2001)
Deep Six, Inc. v. Abernathy (Ga. Ct. App. 2000)
Watson v. Union Camp Corp. (United States District Court for the Southern District of Georgia 1994)
Bridges v. RELIANCE TRUST COMPANY (Ga. Ct. App. 1992)
Loyola Federal Savings & Loan Ass'n v. Fickling (United States District Court for the Middle District of Georgia 1992)
Hendricks v. Enterprise Financial Corp. (Ga. Ct. App. 1991)
Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land Corporation (5th Cir. 1981)
Hartrampf v. Citizens & Southern Realty Investors (Ga. Ct. App. 1981)
Interstate Fire Insurance v. National Indemnity Co. (Ga. Ct. App. 1981)
Barton v. Olshan (Ga. 1979)
CL SNF, LLC v. FOUNTAIN (Ga. 2021)
Jose Maiz v. Amir Virani (11th Cir. 2001)
Seguros Del Estado, S.A. v. Scientific Games, Inc. (11th Cir. 2001)
Chrysler Credit Corp. v. Bert Cote's L/A Auto Sales, Inc. (Me. 1998)
American Viking Contractors, Inc. v. Scribner Equipment Co., Inc., Scribner Equipment Co., Inc. v. Henry F. Nelson (11th Cir. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per curiam.

We granted certiorari in this case to consider the following question: "Where two or more written agreements are executed simultaneously in the course of the same transaction some of which expressly refer to the others, should they be read and construed together for the purpose of determining the respective rights and liabilities of the parties, or are the rights and obligations incurred in each document severable?”

We hold that the documents should be read and *546 construed together in keeping with our decision in Hardin v. Great Northern Nekoosa Corp., 237 Ga. 594, 597 (229 SE2d 371) (1976). Having construed the documents in question together, we conclude that the decision of the trial court and of the Court of Appeals in Rizk v. Jones, 148 Ga. App. 473 (251 SE2d 360) (1978) was correct.

Submitted March 7, 1979 Decided April 5, 1979 Rehearing denied April 17 and April 24,1979. King & Spalding, Charles H. Kirbo, A. Felton Jenkins, Jr., Smith, Cohen, Ringel, Kohler & Martin, Robert W. Beynart, David K. Whatley, for appellants. Powell, Goldstein, Frazer & Murphy, Edward Dorsey, Frank Mays Hull, for appellees.

Judgment affirmed.

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.