Williams Wagon Works v. Small & Sons
Court of Appeals of Georgia
Trover; from city court of Macon—Judge Guerry. October 3, 1916. A. T. Small & Sons brought trover against the Williams Wagon Works, a corporation, for “one iron gray mare about seven years old.”
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Trover; from city court of Macon—Judge Guerry. October 3, 1916. A. T. Small & Sons brought trover against the Williams Wagon Works, a corporation, for “one iron gray mare about seven years old.” The defendant in its answer denied the material allegations of the petition, and further pleaded as follows: The mare which plaintiffs seek to gain possession of by this suit is a white mare, and does not fit the description in the retainer-of-title note under which plaintiffs are claiming title and right of possession. At the time defendant purchased the white mare which plaintiffs seek to recover,…
1Opinion of the CourtBroyles, P. J.
1. The main issue on the trial of this case seemed to be whether the mare in question was “white” or “iron gray” when she was sold under the conditional bill of sale, and the determination by the learned trial judge that she was iron gray will not be disturbed, there being ample evidence to support his finding. It seems, from the evidence in the record, that the same horse may be “iron gray” in winter and “flea bitten” or “white” by the following spring. One witness testified: “I would call an iron-gray horse a horse that had already started to turn white.” In our opinion, the description of…
2Cases cited10 opinions
- Nichols v. HamptonSupreme Court of Georgia · 1872
- Beaty v. SearsSupreme Court of Georgia · 1909
- Farkas v. DuncanSupreme Court of Georgia · 1894
- First National Bank v. SpicerCourt of Appeals of Georgia · 1912
- Walton Guano Co. v. McCallSupreme Court of Georgia · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griggs v. DodsonSupreme Court of Georgia · 1967
- Commissioners of Decatur County v. CurrySupreme Court of Georgia · 1922
- Jackson v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1961