Small Equipment Co. v. Walker
Court of Appeals of Georgia
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
- Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
- Palmour v. RoperSupreme Court of Georgia · 1903
- WARREN COMPANY v. Little River Farms, Inc.Court of Appeals of Georgia · 1972
- Charles S. Martin Distributing Co. v. First State BankCourt of Appeals of Georgia · 1966
- Interstate Trust Co. v. Citizens BankSupreme Court of Georgia · 1928
3Cited by1 opinion
- Small Equipment Co. v. WalkerCourt of Appeals of Georgia · 1973