Wilson & Wallace v. Comer
Supreme Court of Georgia
Trover. Before Judge Beid. City court of Atlanta. May 23, 1905. Wilson & Wallace brought trover against W. T. Comer, for certain lumber. On the trial of the case Wallace testified as follows: “He [Comer] told me to ship the lumber and file the bill of lading in the Lowry National Bank. I told him I didn’t do any business with any bank, ancl it would be trouble to me, and would be less trouble for me to ship the lumber to him and for him to mail me u check at once.
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Trover. Before Judge Beid. City court of Atlanta. May 23, 1905. Wilson & Wallace brought trover against W. T. Comer, for certain lumber. On the trial of the case Wallace testified as follows: “He [Comer] told me to ship the lumber and file the bill of lading in the Lowry National Bank. I told him I didn’t do any business with any bank, ancl it would be trouble to me, and would be less trouble for me to ship the lumber to him and for him to mail me u check at once. He said, very well. There was something said about mailing the check on receiving the lumber, and I told him when he received the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The sole quesiion in this case is whether title to the lumber passed to the defendant, or whether it remained in the plaintiffs until the check was received in payment of the lumber. If title passed, trover would not lie, and a nonsuit was properly granted. “If personal chattels be sold upon the express condition that they are to be paid for on delivery, and they are delivered upon the faith that the condition will be immediately performed, and performance is refused upon demand in a reasonable time, no title passes to the buyer.” Bergan v. Magnus, 98 Ga.…
2Cases cited1 opinion
- Bergan v. Magnus & Co.Supreme Court of Georgia · 1896
3Cited by8 opinions
- First Nat. Bank of Byars v. Griffin GriffinSupreme Court of Oklahoma · 1911
- Rowe v. SpencerSupreme Court of Georgia · 1913
- Morris & Co. v. Walker Bros.Court of Appeals of Georgia · 1923
- Taylor v. GILL EQUIPMENT COMPANYCourt of Appeals of Georgia · 1952
- Susong v. McKennaSupreme Court of Georgia · 1906
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