Anchor Duck Mills v. Harp

1. “ Cotton . . or other products sold by planters or commission merchants, on cash sale, shall not be considered as the property of the buyer until fully paid for, although it may have been delivered to the buyer.” Civil Code (1910), § 4136. Bank checks are not payment until themselves paid. Civil Code (1910), § 4314; Manget v. National City Bank, 168 Ga. 876 (2) (149 S. E. 213). Thus, in the absence of an agreement to the contrary, where there is a cash sale of cotton by a planter and he receives a check for the purchase-price, the title to the cotton does not pass until payment of the…