Tuggle v. Green & Sons
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following questions (in Case No. 10459) : “A written contract for the sale of parts and accessories of a soda fountain was made between Green & Sons as sellers, and H. 0. Tuggle as purchaser. Under the contract, the purchaser was to make a partial cash payment upon- delivery of the goods.
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The Court of Appeals certified to the Supreme Court the following questions (in Case No. 10459) : “A written contract for the sale of parts and accessories of a soda fountain was made between Green & Sons as sellers, and H. 0. Tuggle as purchaser. Under the contract, the purchaser was to make a partial cash payment upon- delivery of the goods. The contract further provided as follows: ‘I/we agree to execute and deliver notes, when presented, either before or after shipment, irrespective of delivery or transfer of title, waiving examination, together with a good and valid chattel mortgage or…
1Opinion of the CourtFish, C. J.
Of course, the decision of the Court of Appeals, when it was first before that court (Tuggle v. Green, 21 Ga. App. 723, 94 S. E. 908), included in the foregoing statement, is the law of the case, and, as between the parties, is conclusive upon all points there presented and decided. Western & Atlantic R. Co. v. Bank, 125 Ga. 489 (54 S. E. 621); Southern Bell Tel. Co. v. Glawson, 140 Ga. 507 (79 S. E. 136); Morrison v. Slaton, 148 Ga. 294, 297 (96 S. E. 452). The answers to the questions certified depend, therefore, upon what was then decided by the Court of Appeals. The headnote, prepared by…
2Cases cited12 opinions
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Southern Bell Telephone & Telegraph Co. v. GlawsonSupreme Court of Georgia · 1913
- Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
- Western & Atlantic Railroad v. Third National BankSupreme Court of Georgia · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Metropolitan Life Insurance v. LovettCourt of Appeals of Georgia · 1935
- Weldon v. LashleySupreme Court of Georgia · 1958
- Union Brokerage Co. v. Beall Bros.Court of Appeals of Georgia · 1923
- Bank of Oglethorpe v. BrooksCourt of Appeals of Georgia · 1924
15 more not listed; retrieve them via the Exa API.