Tybee Amusement Co. v. Acorn Refining Co.

(After stating the foregoing facts.) “If a purchaser refuses to take and pay for goods bought, the seller may retain them and recover the difference between the contract price and the market price at the time and place of delivery; or, he may sell the property, acting for this purpose as agent of the vendee, and recover the difference between the contract price and the price on resale; or, he may store or retain the property for the vendee and sue him for the entire price.” Code, § 96-113. The Supreme Court, in Felty v. Southern Flour & Grain Co., 140 Ga. 332 (78 S. E. 1074), ruled: “If a…