Parks v. Columbia Loan Co.

Gardner, Presiding.Judge.

When this case was here before' (Columbia Loan Co. v. Parks, 97 Ga. App. 76, 102 S. E. 2d 46), the defendant in response to a trover action for property sold under a title-retention contract set up' the defense of failure of consideration, and setoff under Code § 107-102, which is a contractual defense. This court certified certain questions to the Supreme Court, and the latter held in Columbia Loan Co. v. Parks, 213 Ga. 723 (2) (101 S. E. 2d 720) as follows: “When a trover suit is brought based upon a retention-of-title contract of sale, this amounts to a rescission…