Legal Opinion
Whitehead v. Cranford
Supreme Court of Georgia
Decided November 10, 1953No. 18392PublishedCited by 5 opinions
1Opinion of the Court
Head, Justice.
1. Whenever personal property shall be sold and delivered with the condition affixed to the sale that the title thereto is to remain in the seller until the purchase price is paid in full, such contract is a conditional sale. Code § 67-1401; Jowers v. Blandy, 58 Ga. 379; A. O. Blackmar Co. v. Wright Co., 62 Ga. App. 861 (10 S. E. 2d 117).
2. A contract may be absolute or conditional. In a conditional sale the covenants are dependent the one upon the other, and the breach of one is a release of the binding force of all dependent covenants. The classification of every contract must…
2Cases cited2 opinions
- Jowers v. BlandySupreme Court of Georgia · 1877
- A. O. Blackmar Co. v. Wright Co.Court of Appeals of Georgia · 1940
3Cited by5 opinions
- Jinright v. RussellCourt of Appeals of Georgia · 1971
- Walter E. Heller & Co. v. Aetna Business Credit, Inc.Court of Appeals of Georgia · 1981
- John A. Nix and W. P. Wilson v. The Farmers Mutual Exchange of Calhoun, Inc.Court of Appeals for the Fifth Circuit · 1955
- Riley v. General Mills, Inc.Court of Appeals for the Third Circuit · 1965
- Riley v. General Mills, Inc.Court of Appeals for the Third Circuit · 1965