O'Donnell v. Wing
Supreme Court of Georgia
Trover. Before Judge Bower. City court of Bainbridge. June 8, 1904. Laura L. Wing (doing business under the name of Wing & Son) brought an action against Mrs. O’Donnell for the recovery of a piano and four dollars a month rent. It appeared that the plaintiff sent to W. P. Jones at Bellwood, Fla., on April 1, 1901, a circular containing instructionsHow to order a piano on trial. Sign and return trial order. No advance payment is required.
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Trover. Before Judge Bower. City court of Bainbridge. June 8, 1904. Laura L. Wing (doing business under the name of Wing & Son) brought an action against Mrs. O’Donnell for the recovery of a piano and four dollars a month rent. It appeared that the plaintiff sent to W. P. Jones at Bellwood, Fla., on April 1, 1901, a circular containing instructionsHow to order a piano on trial. Sign and return trial order. No advance payment is required. We pay all freight, and you will be under no more obligations to keep the piano than if you were examining it in our store or factory.” On tbe same sheet…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The piano was shipped to Jones on a “trial order.” The case is not to be controlled by the question as to whether the defendant paid full value, but by determining whether Jones, in June, 1901, had a title, and the consequent right to sell to Mrs. O’Donnell. On April 1, 1901, he ordered the plaintiff to ship the piano, agreeing to take it on trial for twenty days, and if it proved satisfactory he would pay $230, of which $65 was to be cash and the balance in monthly payments. If the piano did not prove satisfactory, he agreed to have it boxed and returned…
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