Chamblee v. Colt Co.

(After stating the foregoing facts.) An examination of the facts in the case of Dunaway v. Colt Co., 26 Ga. App. 554 (106 S. E. 599), will show that they are substantially the same as in this case, and we think that the rulings in that case are controlling in this one. However, counsel for plaintiff in error seeks to raise two questions which he claims were not passed upon in that case. First, he says that under the provisions of section 4131 of the Civil Code of 1910, where the purchaser refuses to take and pay for the goods ordered, and the seller elects to store or retain the goods for the…