Eastman Cutting Room Sales Corp. v. Ottenheimer & Co.
Court of Appeals of Georgia
1ConcurrenceBeasley, Chief Judge
I concur because the evidence does not demand a finding that receipt did not occur until installation was complete. The seller seeks to enforce the remedy provided by OCGA § 11-2-702 (2): “Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt. . . .” In this article on sales, “receipt” of goods means taking physical possession of them. OCGA § 11-2-103 (1) (c).
Seller Eastman had a contract for sale and installation of some industrial equipment. It was one entire contract, not separate…
2Cases cited4 opinions
- B & P Lumber Co. v. First National Bank of AtlantaCourt of Appeals of Georgia · 1978
- Stone v. NolanCourt of Appeals of Georgia · 1984
- Cotton States Mutual Insurance v. GomezCourt of Appeals of Georgia · 1989
- Conveyco, Inc. v. First Software Corp. (In Re First Software Corp.)United States Bankruptcy Court, D. Massachusetts · 1987