Newburger & Brother v. Hoyt
Supreme Court of Georgia
Contracts. Sales. Rescission. Vendor and purchaser. Before Judge Maddox. Floyd superior court. March term, 1890. Newburger & Brother,-of Cincinnati, O., sued Hoyt as surviving partner of Hoyt & Company, of Rome, Ga., upon an account for $155 for 5,000 cigars, besides interest. The defendant'pleaded not indebted.
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Contracts. Sales. Rescission. Vendor and purchaser. Before Judge Maddox. Floyd superior court. March term, 1890. Newburger & Brother,-of Cincinnati, O., sued Hoyt as surviving partner of Hoyt & Company, of Rome, Ga., upon an account for $155 for 5,000 cigars, besides interest. The defendant'pleaded not indebted. Also, in brief, that the cigars were sold on the express agreement that if they did not give satisfaction, so that defendant could build up a trade in them, he might return what should be left unsold at the expiration of four months and get credit therefor at the price at which they…
1Opinion of the Court
Simmons, Justice.
The facts will be found in the official report. The contract set out therein was one known as a contract of sale or return. In this class of contracts the property and goods vest immediately in the buyer, with an option to return or resell to the original vendor such as may remain on hand at-a stated time. It amounts to nothing more than a mere privilege to rescind the sale. Until the option to return is exercised, title remains in the buyer. If no particular time is fixed for the return, *514then a reasonable time in which to do so is allowed ; but if a particular time is fixed,…
2Cited by8 opinions
- Furst Bros. v. Commercial BankSupreme Court of Georgia · 1903
- Stovall & Strickland v. McBrayerCourt of Appeals of Georgia · 1917
- Dickey v. Winston Cigarette Machine Co.Supreme Court of Georgia · 1903
- Campbell v. FettyCourt of Appeals for the Fifth Circuit · 1921
- O'Donnell v. WingSupreme Court of Georgia · 1905
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