Chatham v. Clark's Food Fair, Inc.

Carlisle, Presiding Judge.

1. “Three elements are essential to a contract of sale: 1. An identification of the thing sold. 2. An agreement as to the price to be paid. 3. Consent of the parties.” Code § 96-101. A document which purports to be a bill of sale but which fails to identify the thing sold is not sufficient to convey title to anything (Bearden Mercantile Co. v. Madison Oil Co., 128 Ga. 695, 698 (1), 58 SE 200), and the thing sold must be so identified by the contract, agreement or bill of sale as to be capable of being separated from the mass of other similar articles and to be…