Wiggins v. Tumlin
Supreme Court of Georgia
Certiorari. Before Judge Henry. Floyd superior 'Court. September term, 1894. Copeland rented land for 1892 to Shannon, who agreed -to furnish his own stock. At the same time (December, 1891) Copeland delivered to Shannon a wagon and two mules, with the understanding that if the mules suited Shannon they would close a trade for them at an agreed .price, and would then execute papers reserving title in ■Copeland until payment.
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Certiorari. Before Judge Henry. Floyd superior 'Court. September term, 1894. Copeland rented land for 1892 to Shannon, who agreed -to furnish his own stock. At the same time (December, 1891) Copeland delivered to Shannon a wagon and two mules, with the understanding that if the mules suited Shannon they would close a trade for them at an agreed .price, and would then execute papers reserving title in ■Copeland until payment. In May, 1892, Shannon exe•cuted to Copeland his note and mortgage due in the next December, to secure the payment of $307.45, which -included the price of the mules and…
1Opinion of the CourtSimmons, C. J.
1. Where the owner of personal property delivered the same to another on trial and for use, with the understanding that if the property suited the latter, the parties would close a trade for the sale thereof and that papers for this purpose should then be executed, there being no limit as to the length of time during which the property might be kept on trial, and no binding obligation to purchase upon the party receiving it, this was a mere bailment of the property and not a sale; and if afterwards the party so receiving the property decided to purchase it, and accordingly executed a note for…
2Cited by14 opinions
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- U. S. Supply Co. v. AndrewsSupreme Court of Oklahoma · 1918
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