M. C. Kiser Co. v. Rosenbloom

(After stating the foregoing facts.) The court did not err in granting the nonsuit. The evidence disclosed without dispute that the agreement was not in writing and that the other *187facts were such as to render the statute of frauds applicable. We think the ease is controlled by the decision of the Supreme Court in Denmead v. Glass, 30 Ga. 637 (2), in which it was held that the delivery of goods to a carrier is not a delivery to the purchaser within the meaning of that provision of the statute which refers to the sale of goods to the amount of more than $50, where the buyer has not accepted and…