Legal Opinion
Baxley Tie Co. v. Simpson & Harper
Court of Appeals of Georgia
Decided April 25, 1907No. 270PublishedCited by 5 opinions
Trover, from city court of Baxley- — -Judge Thomas. October 10, 1906.
1Opinion of the CourtRowell, J.
1. If no place be designated by the contract, the general rule is that the articles sold are to be delivered at the place where they are at the time of the sale. Benjamin on Sales (7th ed.), §682.
2. If the purchaser of machinery inspects the same personally or by a,n agent, and then buys, makes a cash payment, and gives his promissory note for the remainder, and receives the property, without disclosing to the seller any objection thereto until the promissory note has matured and suit has been brought thereon, he can not thereafter successfully plead the existence of patent defects, rendering…
2Cases cited4 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- American Car Co. v. Atlanta Street Railway Co.Supreme Court of Georgia · 1897
- Harder v. CarterSupreme Court of Georgia · 1895
- Page & Co. v. Dodson Printers' Supply Co.Supreme Court of Georgia · 1898
3Cited by5 opinions
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Bank of Bullochville v. RiehleCourt of Appeals of Georgia · 1927
- Harley Hardware Co. v. Harry S. Lafond Co.Court of Appeals of Georgia · 1922
- Minter v. Malsby Machinery Co.Court of Appeals of Georgia · 1916
- Taylor v. ConeCourt of Appeals of Georgia · 1917