Legal Opinion · Concurrence

Eastman Cutting Room Sales Corp. v. Ottenheimer & Co.

Court of Appeals of Georgia

Decided June 6, 1996No. A96A0432Published

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

  1. B & P Lumber Co. v. First National Bank of AtlantaCourt of Appeals of Georgia · 1978
  2. Stone v. NolanCourt of Appeals of Georgia · 1984
  3. Cotton States Mutual Insurance v. GomezCourt of Appeals of Georgia · 1989
  4. Conveyco, Inc. v. First Software Corp. (In Re First Software Corp.)United States Bankruptcy Court, D. Massachusetts · 1987

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