Rockwin Corporation v. Kincaid

Bell, Chief Judge.

This is a trover suit involving the ownership of a mobile home. The trial court granted defendant’s motion for summary judgment and denied plaintiff’s. The denial has been certified for appeal. Held:

It appears from the pleadings and the evidence that the plaintiff, an Alabama corporation, delivered a 1970 model mobile home t.o Western Mobile-Homes, Inc., a dealer in this type of property, at its place of business in Marietta, Georgia. An accompanying invoice, dated March 30, 1970, from plaintiff to Western contained cautionary instructions that the invoice should not be…