Atlanta Classic Cars, Inc. v. Chih Hung USA Auto Corp.

1. As stated in the majority opinion, “When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the third person to inflict the injury shall bear the loss.” OCGA § 23-1-14. It has also been held under this Code section that where one of two innocent parties must suffer loss through the fraud of another, the burden of the loss should be imposed upon him who most contributed to it. Braselton Bros. v. Better Maid Dairy Prods., 113 Ga. App. 382, 385 (1) (148 SE2d 71), rev’d on other grounds, 222 Ga. 472 (150 SE2d 620) (1966). The court’s jury charge…