Sparkman v. Brown

1. “In a sale of goods, where nothing is said between the parties as to the time of payment of the price, the transaction is understood to be a cash sale. Civil Code (1910), § 4130; 23 R. C. L. 1382 (§ 205) ; 35 Cyc. 264 (§3). In such a case the mere fact that the buyer obtained possession of the goods without payment of the purchase-price does not, as between the vendor and the vendee, operate to pass the title, and trover will lie against him to recover the goods or their equivalent in money.” Morris v. Walker Bros. Co., 29 Ga. App. 476 (2) (116 S. E. 201), and cit.

2. The evidence in the…