Cloppas v. Citizens & Southern Bank

1. We will first consider whether the trial judge erred in overruling the general demurrer to the petition. The petition alleged, that, upon learning that the check had been refused, the plaintiff notified Maynard, who immediately returned the automobile to the defendants; that the defendants took control and possession of the automobile and sold it to a new purchaser. The acceptance of the automobile and its resale to a new purchaser would constitute an abandonment of the sale contract and place the parties in their original positions. Eaves & Collins v. Cherokee Iron Co. 73 Ga. 459; Ford v.…