Felty v. Southern Flour & Grain Co.

1. If a vendee refuses to take and pay for goods bought, one of the remedies given the vendor by the Civil Code, § 4131, is: “he may sell the property, acting for this purpose as agent for the vendee, and recover the difference between the contract price and the price on resale.” However, before the vendee will be liable for such difference, it must appear that he was notified of the vendor’s intention to resell at the vendee’s risk. Green v. Ansley, 92 Ga. 647 (19 S. E. 53, 44 Am. St. R. 110) ; Davis Sulphur Ore Co. v. Atlanta Guano Co., 109 Ga. 607 (34 S. E. 1011); Mendel v. Miller, 126 Ga.…