Legal Opinion

Spivey v. Commercial Credit Equipment Corp.

Court of Appeals of Georgia

Decided September 21, 1965No. 41514Published

1Opinion of the Court

Hall, Judge.

This was a contract action for the balance due on the purchase price of a tobacco harvester. The petition alleged and the evidence showed an assignment to the plaintiff of a “Purchase Agreement” executed by “Kitchens Tractor Co., by /s/ Rubye T. Dormeney.” Held:

1. This was sufficient allegation and proof of a transfer of the contract to the plaintiff, in the absence of specific denial of the transfer under oath. Sheffield v. Johnson County Savings Bank, 2 Ga. App. 221, 223 (58 SE 386); Cedar Rapids Nat. Bank v. Beckham, 6 Ga. App. 571 (65 SE 359); Ruby v. Boyett, 19 Ga. App. 516…

2Cases cited10 opinions

  1. Reserve Life Insurance Company v. GaySupreme Court of Georgia · 1958
  2. Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
  3. Bullard v. BullardSupreme Court of Georgia · 1958
  4. Reserve Life Insurance Co. v. GayCourt of Appeals of Georgia · 1957
  5. Barrow v. JamesCourt of Appeals of Georgia · 1963

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