Barbee v. Cable Piano Co.
Court of Appeals of Georgia
Trover; from city court of Savannah—Judge Freeman. December 6,1917. 1. On November 21, 1916, the Cable Piano Company brought trover against Mrs. Nellie Barbee for a piano. . On the trial the plaintiff introduced in evidence two papers dated August 30, 1913, signed by C. W. Barbee, each of which was an agreement'to purchase ’from the Cable Piano Company the piano in question and to pay the purchase-price ($350) partly in cash,-partly “in trade” (another piano), and the…
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Trover; from city court of Savannah—Judge Freeman. December 6,1917. 1. On November 21, 1916, the Cable Piano Company brought trover against Mrs. Nellie Barbee for a piano. . On the trial the plaintiff introduced in evidence two papers dated August 30, 1913, signed by C. W. Barbee, each of which was an agreement'to purchase ’from the Cable Piano Company the piano in question and to pay the purchase-price ($350) partly in cash,-partly “in trade” (another piano), and the remainder in monthly installments; the title to the property to remain in the vendor until full payment of the purchase-money.…
1Opinion of the CourtBloodworth, J.
The court did not err in any of the rulings of which complaint' is, made, and properly directed a verdict for the plaintiff.
Judgment affirmed.
Broyles, P. J., and Harwell, J., concur. 2. In the defendant’s answer to the plaintiff’s petition she set up that in May, 1914, the plaintiff filed a suit against her and C. W. Barbee for the purchase-price of the piano in' question, that the suit Was' dismissed as to her, on general demurrer, and that by that suit the plaintiff elected to recognize the .title to the' piano to be in her, and therefore the plaintiff could, not recover in this action. The…
2Cases cited24 opinions
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Young v. DurhamCourt of Appeals of Georgia · 1915
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1911
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