United Roofing & Manufacturing Co. v. Albany Mill Supply Co.
Court of Appeals of Georgia
Action on contract; from city court of Albany — Judge Clayton Jones. May 18, 1915.
1Opinion of the CourtRussell, C. J.
1. The remedies provided in section 4131 of the Civil Code are not exhaustive, and do not exclude the pursuit of a different remedy by the seller, when none of the three methods of procedure mentioned in the code section is available, in dealing with a purchaser who refuses to accept and pay for goods which he has bought (Carolina Portland Cement Co. v. Columbia Improvement Co., 3 Ga. App. 483, 68 S. E. 279); but an identification of the thing sold is an element so essential to a contract of sale that there can be no actionable breach of an alleged contract of purchase when it does not appear…
2Cases cited7 opinions
- O'Brien v. StateSupreme Court of Georgia · 1900
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
- Mendel v. Miller & SonsSupreme Court of Georgia · 1906
- Green v. AnsleySupreme Court of Georgia · 1893
- Davis Sulphur Ore Co. v. Atlanta Guano Co.Supreme Court of Georgia · 1900
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3Cited by4 opinions
- Durkee Famous Foods Inc. v. Selig Co.Court of Appeals of Georgia · 1934
- Atlanta Chemical Co. v. Hardin Bag Co.Court of Appeals of Georgia · 1934
- Tybee Amusement Co. v. Acorn Refining Co.Court of Appeals of Georgia · 1940
- Virginia Lumber Corp. v. Williamson Co.Court of Appeals of Georgia · 1931