Legal Opinion

Perry v. Laurens Hardware Co.

Court of Appeals of Georgia

Decided January 25, 1956No. 35963Published

1Opinion of the CourtQuillian, J.

1. The plaintiff concedes that if the account sued on was an open account the action was barred by' the statute of limitation and the demurrer was properly sustained. He contends, however, that the account sued on was a mutual account, that title to the refrigerator passed to the defendant when she bought it on credit from the plaintiff, and it was charged to her account; that when she returned it and was credited with its value she really sold it back to the plaintiff; that this showed that the course of dealings between the parties had not terminated at that time which was less than four…

2Cases cited6 opinions

  1. Turner v. DavidsonSupreme Court of Georgia · 1939
  2. Brazell v. HearnCourt of Appeals of Georgia · 1925
  3. Adams v. HollandSupreme Court of Georgia · 1897
  4. Marks v. Maxwell Bros. Furniture Co.Court of Appeals of Georgia · 1935
  5. Mobley, Ward & Davis v. PendergrastCourt of Appeals of Georgia · 1911

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