Legal Opinion

Small Equipment Co. v. Walker

Court of Appeals of Georgia

Decided July 14, 1972No. 47271PublishedCited by 1 opinion

1Opinion of the Court

Stolz, Judge.

The present transaction having been entered into prior to the effective date of the Uniform Commercial Code, its enforcement is governed by pre-UCC law. Code Ann. § 109A-10—102 (Ga. L. 1962, pp. 156, 427); Chas. S. Martin &c. Co. v. First State Bank, 114 Ga. App. 693, 695 (152 SE2d 599).

"'Courts shall have full power over their officers making execution sales; and whenever satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the sale shall be set aside.’ Code § 39-1316. Mere inadequacy of price is not of itself…

2Cases cited5 opinions

  1. Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
  2. Palmour v. RoperSupreme Court of Georgia · 1903
  3. WARREN COMPANY v. Little River Farms, Inc.Court of Appeals of Georgia · 1972
  4. Charles S. Martin Distributing Co. v. First State BankCourt of Appeals of Georgia · 1966
  5. Interstate Trust Co. v. Citizens BankSupreme Court of Georgia · 1928

3Cited by1 opinion

  1. Small Equipment Co. v. WalkerCourt of Appeals of Georgia · 1973

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