Legal Opinion

Allgeier v. Campisi

Court of Appeals of Georgia

Decided January 17, 1968No. 43304, 43317PublishedCited by 15 opinions

1Opinion of the Court

Pannell, Judge.

1. Where, as in the present case, an indi-

vidual owner of an automobile delivers it to an automobile dealer for the purpose of having said dealer secure offers for the purchase thereof, and to sell the same upon approval of an offer by the individual owner, the automobile dealer to receive a commission of a set sum regardless of the sale price, such transaction is not a “sale or return” transaction between a buyer and a seller within the meaning of the Georgia Uniform Commercial Code § 109A-2 — 326, so as to make said automobile subject to levy and sale upon executions obtained…

2Cases cited2 opinions

  1. Guardian Discount Co. v. SettlesCourt of Appeals of Georgia · 1966
  2. McDonald v. Peoples Automobile Loan & Finance Corp. of Athens, Inc.Court of Appeals of Georgia · 1967

3Cited by15 opinions

  1. Bischoff v. ThomassonSupreme Court of Alabama · 1981
  2. Robbins v. Comerica Bank-Detroit (In Re Zwagerman)United States Bankruptcy Court, W.D. Michigan · 1990
  3. Walter E. Heller & Company Southeast, a Georgia Corporation v. Riviana Foods, Inc., a Delaware CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Newhall v. HainesDistrict Court, D. Montana · 1981
  5. Purcell v. STN Enterprises, Inc. (In Re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1985

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