Puffer Manufacturing Co. v. Ryckeley
Court of Appeals of Georgia
Certiorari; from Muscogee superior court — Jridge Munro. January 8, 1921. A second-hand soda-fountain at the store of the Solomon company, Columbus, Georgia (so described in the written order of the purchaser), was bought by Eyckeley .from the Puffer Manufacturing Company in August, and his installment notes and a mortgage on the fountain, for purchase-money, were signed and delivered to the seller in the following November.
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Certiorari; from Muscogee superior court — Jridge Munro. January 8, 1921. A second-hand soda-fountain at the store of the Solomon company, Columbus, Georgia (so described in the written order of the purchaser), was bought by Eyckeley .from the Puffer Manufacturing Company in August, and his installment notes and a mortgage on the fountain, for purchase-money, were signed and delivered to the seller in the following November. He paid several of the notes at maturity, but refused to pay the others; the mortgage was foreclosed, and he died an affidavit of illegality, setting up that the mortgage…
1Opinion of the CourtBloodworth, J.
Basing their opinion on the rulings in Lunsford v. Malsby, 101 Ga. 39 (28 S. E. 496), Byrd v. Campbell Printing Press &c. Co., 90 Ga. 542 (16 S. E. 267), and other like rulings, a majority of the court rule, that, as the testimony of the defendant in error must be construed most strongly against him, “the judgment should be reversed on the general grounds *747of the motion for a new trial; as the evidence demanded a finding that the defendant in error, after he had discovered the defects in the soda-fountain, executed his notes for the property and paid some of them, and such conduct constituted…
2Cases cited2 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Byrd v. Campbell Printing Press & Manufacturing Co.Supreme Court of Georgia · 1892