Abercrombie v. Georgia Distributing Co.

In the second trial of this ease (see former decision, 39 Ga. App. 654, 148 S. E. 296), the plaintiff vendor sought to recover as damages of the defendant vendee the difference between the contract price and the price obtained on a resale claimed to have been made under the provisions of the Civil Code (1910), § 4131. The main question for decision was whether the defendant was given sufficient notice of the plaintiff’s intention to resell the goods, after the defendant’s refusal to accept and pay for them according to the contract. Held:

1. Where, on the refusal of the purchaser to take and…