Legal Opinion
Luke v. Batts
Court of Appeals of Georgia
Decided November 12, 1912No. 4297PublishedCited by 9 opinions
Action on contract; from city court of Ocilla — Judge Oxford. May 14, 1913.
1Opinion of the CourtPottle, J.
1. Delivery is necessary to complete a sale of personal property. Hence, a contract by which one sells and another agrees to buy personal property therein described, to be delivered at a future date, is an executory contract.
'2. “An executory agreement for the sale of goods to be delivered at a future clay is valid, though at the time the seller has not the goods in his possession, has not contracted to purchase them, and has -no expectation of acquiring them otherwise than by producing, manufacturing, or purchasing them at some time before the day of delivery.” Forsyth Mfg. Co. v. Castlen,…
2Cases cited4 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Elliott v. HippSupreme Court of Georgia · 1910
- Luke v. LivingstonCourt of Appeals of Georgia · 1911
- McNamara v. Georgia Cotton Co.Court of Appeals of Georgia · 1912
3Cited by9 opinions
- York v. StateCourt of Appeals of Georgia · 1931
- Blakeman v. HarwellSupreme Court of Georgia · 1944
- Carson v. BlairCourt of Appeals of Georgia · 1923
- Hendricks v. StateCourt of Appeals of Georgia · 1925
- Clark v. WoodCourt of Appeals of Georgia · 1929
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